0
No. Your husband cannot sell your interest in jointly owned property without your signature. What he can do with his owninterest in the property depends on the tenancy.
If you own as joint tenants with the right of survivorship he can sell or mortgage his half interest but not yours. In that case he would need to find a buyer or banker interested in sharing the property with you as a co-owner.
If you own as tenants by the entirety he cannot sell or mortgage his interest in many states. In other states a peculiar arrangement would result if he sold or mortgaged his interest:
- The bank would take the place of the mortgagor in the tenancy by the entirety. Let's say the husband executed the mortgage and then defaulted. The bank would acquire the husband's interest in the property subject to the wife's interest and to her right of survivorship. The bank and the wife would become co-owners. That means if the husband dies, the wife gets the property free and clear of the bank's interest since the bank is standing in for the husband in the tenancy by the entirety. If the wife dies the bank gets the property free and clear of any other interests. Practically speaking, this is not a profitable position for the bank. A similar situation would occur if the husband conveyed his interest to another person. That person would simply take his place in the tenancy by the entirety with the wife.
Some states prohibit one tenant by the entirety from conveying their interest and a mortgage by one may be invalid. You need to speak with an attorney in your state who specializes in real estate law.
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoIf two people own property full title cannot be conveyed by one person. Generally, the wife's deed would only convey her interest in the property. However, in some states, if the property is held as tenants by the entirety, one tenant cannot convey their interest in property owned by wife and husband. That deed would be null and void.
Wiki User
∙ 11y agoYou need to check with your lawyer since the law varies in different jurisdictions.
Add your answer:
Earn +20 pts
How to remove the joint bank account without the permision of the partner who joint only Originally it's mine and I want to remove her to my joint No possible signature she's outside the country?
You will have to check with your Institution to find out their policies to remove someones name from a joint bank account without their authorization.With most banks, you will have to have their signature to remove them from the account.
If you have a tax lien on your home can the IRS take your husbands retirement check?
If it is in a joint bank account and you reside in a community property state, Yes!
Can one party in a joint tenancy take a loan on the property without the signature of the other party?
No, because, being a tenant, he don't have any kind of rights to take loan on keeping this property as security or guarantee, and if doing so without the knowledge of the right owner, then the party is ultimately liable to the courts of law.
Can joint tenancy in Oklahoma be broken?
Yes, a joint tenancy in Oklahoma can be broken, but not without consequences. Each signature is a legal commitment and each person will be held liable.
If a non-married property owner later puts a friend on a Quit Claim Deed as a joint tenant with right of survivorship is it required to have their signature so that you can remove them from the deed?
You can't remove them from the deed. They own an interest in the property and if you die they will own 100% automatically. You cannot sell or mortgage without their signature. If you want your property back in your name alone the co-owner must convey their interest back to you voluntarily by signing a deed.
Can a person obtain a credit line on a joint account without the other persons signature?
Nope. And you shouldn't--it's unethical if not illegal.
How can you stop a joint account holder accessing the deceased persons funds?
You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.You can't. The funds are the property of the surviving joint owner.
Do both joint tenants have to be informed and agree for one to sell?
No. One joint tenant is free to sell their own interestin the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.No. One joint tenant is free to sell their own interest in the property without permission from their counterpart. If they do the new half owner and the co-owner will become tenants in common.
When husband dies without a will and has joint tenancy with a third party what happens to property?
Any property your husband owns with another as a joint tenant will automatically pass to the surviving joint tenant upon his death. For example, if he and his brother own a cabin as joint tenants the cabin will belong to his brother if your husband dies first.
Can a co-independent executor lease a property by themselves?
I am a joint executor of a property that has been left to me and my sister in our mothers will. Are we qualified to rent out this property on lease, without the need to transfer ownership.
When father and daughter purchase a house with the rights of survivirship can one sell without the other?
While ownership laws vary from state to state, generally property owned as joint tenants with right of survivorship can be tranacted by either party unless the deed specifies the need for dual approval, similar to a joint checking account needing only one signature on a check.
What if the husband and wife are joint tenants and the husband dies without a will then do the stepchildren receieve any proceeds if the house is sold?
No. If the property was held as joint tenants with the right of survivorship then the decedent's interest automatically passed to his wife upon his death. That is the reason for creating a joint tenancy and she is the owner of the property.
