If you want to sell the house which has a mortgage in just your name but the deed is in both yours and another party’s name, do you have the right to sell without the other’s consent?

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If you want to sell the house which has a mortgage in just your name but the deed is in both yours and another party’s name, do you have the right to sell without the other’s consent?

The parties are not married.

Asked on September 18, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country for legal title to the entire property that you have written about that is in the names of two people to pass to a buyer both people on title have to sign the offer to buy to go in contract and the deed transferring the property to the new buyer.

If only one does, then only that person's interest in the property passes to the new buyer leaving the other owner in partnership with the new buyer.


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