Can a co-owner change a title to her name only so she can now receive all proceeds from the sale of a mobile home that was jointly owned?

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Can a co-owner change a title to her name only so she can now receive all proceeds from the sale of a mobile home that was jointly owned?

The title uses the word “or” when separating the names. Both owners are women and the home is in a 55+ community. The home was paid by both and has been maintained by owner 1 even though neither has lived there. Owner 1 signed the sales agreement for it to be sold. Now owner 2 decided to change the title to her name only once she learned of a contract to purchase the mobile home.

Asked on April 30, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The problem that I see with respect to the registered title of the mobile home with respect to the use of the word "or" is that most likely escrow will still require both owners on the regsitered title to sign off on the registration to maintain clean title as a condition of closing escrow.

In fact, custom and practice within the real estate industry would require that both owners of record sign off on the title of the item being sold to the buyer as a condition of sale.

Given the potential dispute between the two owners of the mobile home and a problem resulting for the buyer, I suggest that you consult with a real estate attorney to assist you concerning the sale of the mobile home so that it goes smoothly.


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