Can you sell jointly owned land by yourself?

UPDATED: Sep 30, 2022

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Can you sell jointly owned land by yourself?

I have land in mine and my husband’s name but my husband is barred from

the U.S. What would I need to do to either sell the land to someone or transfer this land into my son’s name? I have already spoke with the register of deeds in my county and they told me that I need to speak to a lawyer.

Asked on March 10, 2016 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should be able to do this if you can get a power of attorney, properly signed and witnessed/notarized in accordance with your state's laws, from him, giving you the power to sell the property and sign any documents (e.g. contract of sale, closing documents, etc.) on his behalf. If he does not want to give you a broad POA, he can give you one limited to sale of this property.

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 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.

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