2006-09-13 16:23:01 · 9 answers · asked by lat002 1 in Business & Finance ➔ Renting & Real Estate
If your name isn't on the deed or the mortgage, he sure can!
But if he wants to be happy, I wouldn't recommend it.
2006-09-13 16:31:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If it's a community property state, not unless you have specifically quitclaimed to him as sole and separate property. He might be able to undertake an apparently valid transaction, though, until you dispute it. Even then, you might end up with only half the profit rather than the actual property. If, on the other hand, you see a listing sign, you might call the agent and let them know that they do not have a valid listing contract. Once you've told them, fiduciary duty requires them to ascertain the truth before continuing.
Of course, talk to your lawyer. Sounds like they're the only ones that are going to end up happy.
2006-09-13 20:05:32 · answer #2 · answered by Searchlight Crusade 5 · 0⤊ 0⤋
If your name is on the warranty deed, he cannot legally convey title to another. However, that original deed must provide that you are a grantee and the deed must have been recorded. Check with your county's deeds and records department to confirm this.
If either one is not present, you may have a problem. If the deed doesn't have your name, he need not get your authorization to sell. If it does, but has not been recorded and he sells it, you may have a problem with the purchaser who at this point may be "bona fide."
In sum, check the Deeds and Records Division or review a copy of the deed to ensure your name is on there. Be vigilant about it! Good luck.
2006-09-13 16:36:52 · answer #3 · answered by AJGLaw 3 · 0⤊ 0⤋
if you are worried that he might forge your signature, there is a way that you can put a notice on either the title or the mortgage that you should be notified if anyone tries to change it. call the mortgage company and ask them if they can do this, also the county clerk. i am not sure how this works, but this is what happens when people have liens on a property, they get notified if someone goes to sell the property.
2006-09-13 16:47:16 · answer #4 · answered by new yorkr 4 · 0⤊ 0⤋
If it's owned jointly then either or survival can sign. If owned by single I mean you then you need to sign and your husband can't sign any such contract putting you in one corner.
2006-09-13 16:35:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If he owns the home, without you as a named owner on the deed of trust of deed to the home.
2006-09-13 16:31:21 · answer #6 · answered by Stuart 7 · 0⤊ 0⤋
It depends - if the deed is in your name, then you must sign. If it is only in his name, and is not marital property, he can dispose of how he wishes.
If it is non-marital property and he sells it, even if you divorce him, if he keeps it separate from all marital money, you don't automatically get half of it, unless you can prove that you put money into it.
2006-09-13 16:30:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you're name is on the mortgage, then you have to sign.
2006-09-13 16:31:20 · answer #8 · answered by First Lady 7 · 0⤊ 0⤋
If your name is not on the morgage, or the deed, then yes he can. however you can divorce him and take half the profit.
2006-09-13 16:27:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋