Can one person sell apropery if two people are listed on the title?

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Can one person sell apropery if two people are listed on the title?

if there are 2 people listed on a title of a property, on the deed it is in the
name of John Jane, can one party sell the property out from under the other
party?

We currently live in a house and I am on the title with my father. my father has
threatened to sell the house out from under us. Can he do this? What are the
consequences if he tries to but can’t?

Asked on June 2, 2016 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, he may not do this without a court order: when more than one person is on the title to real estate, the consent of all the joint owners is needed to sell. (That's not to say that it's impossible that, if he lies about consent, forges your signature, etc. that he couldn't make it happen, though reputable realtors and attorneys should take care to make sure it does not.)
If joint owners can't agree on what to do about property--e.g. he wants to sell, you don't--one of them could go to court on an action for "partition" and seek a court order directing that the property be sold and the proceeds distributed (i.e. split) because the owners cannot agree on a use: the law does not make someone remain forever invested in property he wishes to dispose of, for example. If the house is sold, you will receive your share of the proceeds.


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