If 2 names are on a property deed, is is true that1 ownercan’t do anything without others consent?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If 2 names are on a property deed, is is true that1 ownercan’t do anything without others consent?

House purchased 5 years ago; 2 1/2 years ago the man walked away from house. Woman stayed and paid mortgage and maintained house. House put on market 6 months ago. Did not sell. Woman cannot afford mortgage anymore. She moved in with family. Man also cannot afford house. Want to start deed in lieu of foreclosure. Man wants to take house back over. Man needs to buy woman out and for her to sign off or go to foreclosure.

Asked on October 3, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If two people are of record ownership of a piece of real property a potential buyer needs the signed documentation in a grant deed or quit claim deed by each of them to effectively transfer title over to the property.

The only exceptions are when there is a valid power of attorney or conservatorship (attorney in fact or conservator needs to sign the required deed) or if one of the owners has passed away and there is a trust administration, probate or intestacy proceeding pending. In these situations, the representative for the estate of the deceased person must sign the deed transferring legal title over to the buyer where the document is typically signed before a notary public.

In your situation, the two owners need to find a way to somehow transfer title to one or the other or both to you to transfer title of the parcel that you have written about.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption