Can my partner sell my home without my consent since he is soley on the deed of trust and we both are on the title of the home?

Unmarried couple purchased home together. It is paid off. Partner is on the deed of trust and title. I’m only on the title. Can my partner that has the deed of trust sell the house or force sell it in an auction without my consent? I’m concerned he is trying to sell the house to lose money on it to prevent me from any money from the home.

Asked on August 14, 2018 under Real Estate Law, Colorado

Answers:

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

Answered 2 years ago | Contributor

You need to find GOOD and UNBIASED legal help asap.  He can not transfer title without your signature so relax about that.  If he dissipates the asset you may have a case against him.  But there are a lot of issues here and proceeding first with a strong letter from an attorney may be the way to go.  The issue of the "loan" is key.  If there are no actual documents like a note it can be viewed as a gift.  How you want to proceed with that is your choice too.  Good luck.


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