Will all 4 persons on a house deed have to be present for a sale?

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Will all 4 persons on a house deed have to be present for a sale?

My husband, myself and my 2 sons are listed on deed of a house that was

inherited. We are selling the house and need to know if everyone needs to be

present to sign paperwork and how proceeds are disbursed. Will proceeds from sale be divided equally among each person?

Asked on August 12, 2018 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) No, you don't need to be physically present, so long as any one not there has executed (and had properly witnessed) a power of attorney in favor of someone who will be there, allowing that person to sign on their half. Ideally, share the POA with the buyer, buyer's agent, and/or buyer's attorney ahead of time, so they know that someone will be signing on behalf of others with  POA.
2) If you are all equal owners, proceeds will be divided equally unless the four of you agree to some other split.


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