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View Full Version : Anyone know about real estate law



paulk68
01-30-2009, 07:28 AM
I have a quick question, my moms father passed away and left a quarter of his house to her as well as my moms stepmother, as long as she is on the title for the house can it be sold withour her signature? thanks

Restomod
01-30-2009, 08:10 AM
I doubt it.

bigvegan
01-30-2009, 10:31 AM
As I understand it, if she's on the title, the house can't be sold without her signature. (The individual owners can transfer their ownership interests, but all parties need to agree to actually transfer the title of the house.)

That said, if the majority holders of the house want to sell the house, they can probably go to court and force a partition sale, in which the house is sold and each party gets their proportionate amount of the proceeds.

You'll want to talk to a real estate attorney about this, but unless you want the lawyers to end up with all the money, this is something you'll want to try to handle as calmly as possible amongst the individuals concerned.

vp23271
01-30-2009, 10:47 AM
As I understand it, if she's on the title, the house can't be sold without her signature. (The individual owners can transfer their ownership interests, but all parties need to agree to actually transfer the title of the house.)

That said, if the majority holders of the house want to sell the house, they can probably go to court and force a partition sale, in which the house is sold and each party gets their proportionate amount of the proceeds.

You'll want to talk to a real estate attorney about this, but unless you want the lawyers to end up with all the money, this is something you'll want to try to handle as calmly as possible amongst the individuals concerned.

+1, great advice!

If your Mom has a sentimental connection to the house and wants to keep it in the family and the other parties want to sell, she can possibly buy the other party(s) out.