Can a co-owner of property sell it without the other owner’s signature?

My mother has pasted recently. Both my mother, sister and I are on the deed. I will be receiving my mother’s 1/3 ownership per the Will. I am also the executor. Can I sell the property without my sister’s signature at the closing?

Asked on December 12, 2015 under Estate Planning, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, one co-owner cannot sell the property without the other co-owner's consent and signature--when two people own real estate, they both have to agree to the sale. You can't convey good title without her signature. If your sister agrees to the sale but can't be there personally, the solution is easy: she can give you a limited power of attorney to let you sign for her.
If she refuses to sell but you want to sell, you can go to court and get a court order requiring the sale of the property and the distribution of its proceeds. As a 2/3 owner at that time, you should be able to get such an order easily. With the court order, you can go ahead without your sister's signature.


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