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Does a wife have to sign a deed to sell the property owned by the husband?
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∙ 10y ago
You must check with an attorney in your state to determine if a husband's signature is required. There are different rules in different jurisdictions.
Elza Larkin
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Brother and sister both on deed is it equal property?
If both siblings have their name on a deed, the property is owned equally by both parties. Both must agree to develop it or sell it, should changes be desired.
Can an executor of an estate sell a house that is still in the deceased parents name in the state of Georgia?
No, you will need to take a copy of the property deed, death certificate, and will to a Title Agency and have the deed transferred in your name. You will also need to wait till the closure of the probate period as someone can make objections to the court, that could be costly if the court invalidates the will.ClarificationYes, as long as the executor has been appointed by the court and follows the rules for the sale of real estate. Any estate that has real estate must be probated.When a person dies owning real estate their estate must be probated in order for legal title to pass to the heirs or for the property to be sold. There are many variables to consider. If your last parent to die owned the property by survivorship then their estate must be probated. A personal representative (executor) will be appointed. The PR can sell the real estate if they were given that power in the Will. If there was no Will or if there was no such power granted in the Will, the PR must petition the probate court for a license or court order to sell the property. Only under those conditions can the PR execute a valid deed.On the other hand, the family could wait until the probate has been completed and they are the legal owners and then they can execute a deed to sell the property. That deed should be drafted by an attorney who will know how to draft a proper deed for the jurisdiction and also how to include the source of title properly.
What is a land contract?
A land contract is also known as a land installment contract and a contract for deed. It is a contract between a buyer and seller for real property where the seller provides the financing with specific terms.
Can an executor sell property owned by a minor in Tennessee?
Generally, in cases where a minor inherits property the court appoints a guardian ad litem to protect and oversee the child's interests in the estate. In the case of a sale of property by the court-appointed executor the guardian ad litem must consent to the sale.
Can 1 heir sell property out of five in Ohio?
If there is five heirs to one piece of property then no the 1 heir can not sell it without the others consent. The one heir owns only 1/5 of the property and can only sell his share.
If a deceased person's name is on a deed does a death certificate need to be porvided in order to sell the real estate property?
Depends on the original deed and wording. If the property was held 'with rights of survivorship' for a husband and wife, if the husband died the wife should be be able to sell it with a valid death certificate of the husband. If it was owned only by the deceased or as one of several owners, a Letter of Authority from the probate court is necessary to sell property.
Can husband sell jointly owned real estate without his wife's signature in Missouri?
Of course not. If the property is owned by husband and wife only the wife can consent to the sale of her share. The husband can only sell his own interest and not his wife's.Of course not. If the property is owned by husband and wife only the wife can consent to the sale of her share. The husband can only sell his own interest and not his wife's.Of course not. If the property is owned by husband and wife only the wife can consent to the sale of her share. The husband can only sell his own interest and not his wife's.Of course not. If the property is owned by husband and wife only the wife can consent to the sale of her share. The husband can only sell his own interest and not his wife's.
Does a husband have to sign a deed to sell the property owned by the wife?
The only type of deed a buyer signs is a condominium unit deed. In a community property state your husband may need to sign the deed. You should consult with an attorney in your state who can review your situation and explain your rights and options and also explain property ownership between married couples in your state.
Can cosigner sell the house?
Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.Only the owner by deed can sell the property. If two people are on the deed both must sign the new deed in order to sell the property.
Brother and sister both on deed is it equal property?
If both siblings have their name on a deed, the property is owned equally by both parties. Both must agree to develop it or sell it, should changes be desired.
Can 1 person sell a home if 2 people are on mortgage but 1 signed over the deed?
The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.The owner can sell the property. If one person is on the deed then that person can sell the property. The mortgage must be paid off at the time of the sale. It is not a good idea to transfer your rights in property by a deed if you are still on the mortgage.
Can you sell your home if it is joint names and your husband is incapacitated?
If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.
If the deceased left his home to a certain person and her name is already on the deed does she just take over the loan?
my aunt left me property in her will, and now I would like to sell the property, but I don't have a clear deed. how do i get a clear deed to the property so that I can sell the property?
Who would inherit my home if I die with no will with my husband on the deed and two children not of this marriage?
That would depend on the tenancy recited in the deed to you and your husband. If a joint tenancy or tenancy by the entirety was created in your deed then he would become the sole owner of the property upon your death. He could then make his own will and leave the property to his own relatives when he dies. If there is no tenancy recited on the deed or it provides that you will hold the property as tenants in common then upon your death your interest in the property may be shared by your children and your husband according to the laws of intestacy in your state. Your children may receive nothing depending on the value of the estate. Alternatively, if the property is owned as tenants in common you could leave your half interest to your children in your will with a life estate to your husband. That way he could continue to live on the property and when he decided to sell or if he died your children would receive half of the proceeds of the sale of the property. You should seek the advice of an attorney to discuss your options.
Can you sell your house without your husbands consent you have been divorced for 6 years and you have paid the mortgage?
If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.If your ex-husband has an interest in the property then he must sign the deed. You need to review your divorce decree to determine if there are any provisions that would affect the sale of the property.
My husband signed a quitclaim deed to me but I never refinanced to remove his name from the mortgage note and it has been seven years. Can I be forced to sell my property or sued?
If your husband signed the deed as part of a separation agreement that you refinance the property in your own name and you didn't, then you are in contempt of a court order. You should consult with an attorney, preferably the attorney who represented you in the divorce.
Your mother used a quitclaim deed to sell property and fathers deceased what about the kids?
My father is deceased my mother used quitclaim deed to sell property what about the kids do fathers interest pass to kids
