Can a person sell a home if someone else on the deed won’t allow it?

Person “A” purchased a home 25 years ago. Person “B” has their name on the deed. Person “A” is the only person who has ever paid the mortgage. Person “B” has not paid one cent of the mortgage. Person “A” now wants to sell the home, but person “B” will not allow the sale. Is there any way around this problem. Dad bought the home and put daughter on the deed. dad now wants to sell the home but daughter will not allow the sale, thinking when dad passes away, she automatically gets the home. How can dad sell the home without the approval of the daughter. There has to be a loop hole.

Asked on July 9, 2012 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, she has to sign the contract and the deed or there has to be a court order directing the sale.  Now, Dad should go and see ana ttorney about what is called an action for "partition" of the home, which asks the court to split an asset in two to divide it equally.  A house can not be divided equally so it is generally ordered sold and the proceeds split.  Now, if Dad does not want to split the proceeds then he has to come up with a creative way to off set daughter's amount.  That would be what ever he paid for the maintenance, upkeep, taxes, etc. over the 25 years that daughter did not pay.  The mortgage is not an issue if it was only in Dad's name but ask anyway.  Good luck. 


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