I own a house with my girlfriend. Both on deed only her on mtg. I live in property she does not she wants to sell does she need my signature for that

The mortgage is in her name only. Deed is in both names. She thinks she is going to sell it while I live in property and I am not willing to sell. Can she list it without my signature
(0) | asked by: Kim Thorp | share | 17 months ago | Report
2500 characters left
Answer Tips: Share your knowledge. Be on-topic . Refrain from self-promotion.
* Refer to our community guidelines.

Answers

Viewing Answers 1 - 11 of 11
answer by Janet Moore    |   Contact Me
Yes, if your name is on the deed, you will need to sign as well.
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Natalie Sjaardema    |   Visit My Website   |   Contact Me
Hi Kim, Here in Cali she can list .... but can not sell without your approval and signatures. Than again, if the deed is held in such a way that she is free to sell her interest without your consent....she can. After that, you will own the house with someone else. Sorry to say, an attorney might be in order here. Best of Luck to you!
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Doug McVinua    |   Contact Me
Kim, Depending on how Title is actually held by the parties would determine what rights she has to sell any part or all of the property with or without your consent.
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Jay Byron    |   Visit My Website   |   Contact Me
Yes, all people on Deed must sign
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Robert Evras    |   Contact Me
Yes....if your are on it you must sign to convey the property to the next buyer. Sounds like you are not together any longer, or soon will not be.... A better question is do you really want to deal with all that? Good Luck
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Clark Jones    |   Visit My Website   |   Contact Me
Yes, legally both signatures are required, but that doesn't stop people from doing things that annoy you. If you don't want to sell you buy her out of the property. Ask her if that is a possibility.
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Richard Dobrovich    |   Visit My Website   |   Contact Me
Kim, I did a little research. It appears you hold the property as Joint Tenants with Right to Survivorship. This means; Each joint tenant holds an equal and undivided interest in the estate, unity of interest. Also; One joint tenant can partition the property by selling his or her joint interest. And; Requires signatures of all joint tenants to convey or encumber the whole. So Fran can only sell her half but not the entire property.
0
2
Answer Helpful?
17 months ago  |   Report   |   share
answer by Cindy Bostinelos    |   Contact Me
Hi Kim - If you are on the deed, then both of you need to be in agreement to sell the home. Good luck - let me know if I can help with any clarification!
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Sabrina Martin-Shamugia    |   Contact Me
You will definitely need to be in agreement with the sale of the home. Without you she can not list the home for sale. And you are entitled to equal share in the proceeds of the sale as well, depending on the deed you have on the home. Please let me know if I can be of any further assistance! I would love to help you with the sale of this home and the purchase of another! My listings have this nasty habit of being gone shortly after being listed! Sabrina Martin-Shamugia Conway Real Estate
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Karen Peyton    |   Visit My Website   |   Contact Me
She will need your signature to "sell" the house. Whether or not she will need it to "list" is really a question to be answered by individual brokerages, but it's likely most will require both of your signatures. Hopefully the two or you can work out an amicable agreement of when to sell the house - or perhaps you can buy it with a new mortgage and pay her the equity portion (if any) she is due. Good luck!
0
0
Answer Helpful?
17 months ago  |   Report   |   share
answer by Richard Dobrovich    |   Visit My Website   |   Contact Me
If you are on the deed then yes. You need to be part of the contract docs for the sale of the home. Let me know if you would like any assistance with this sale.
0
0
Answer Helpful?
17 months ago  |   Report   |   share
Please read Homes.com's Questions & Answers Community Guidelines.