My fiance is cheating & he & I are splitting and he told me I have to get out with my kids. My name is on the deed but it is not on the mortgage. Can he sell the house without my consent?
2007-03-11 16:50:06 · 11 answers · asked by smarteepants 3 in Business & Finance ➔ Renting & Real Estate
No he can not sell the property without your permission and agreement. As a matter of fact he technically can not even list the property for sale without your agreement.
Important things to note.
How is the property held? This means how is it titled?
Are you Joint Tenants, are you Tenants by the Entirety, are you Tenants in Common?
Depending on how you hold title to the property will lend more insight and weight to the situation.
If I can answer you further please let me know.
I can be reached at
Arnie@ArnieOsborn.com
2007-03-11 17:07:14 · answer #1 · answered by Arnold O 1 · 3⤊ 0⤋
The answer is no! You own 50% of the home if you name is on the deed of trust. No title company or escrow company would issue a title policy without your consent. The mortgage company can't ask you to pay but if the mortage went into forclosure it would cause a major problem with your credit. Stay put and work out your problems with the fiance'. If if you can't work out the problems then contact a good realtor in your area and find out what the home might sell for.
2007-03-11 23:58:55 · answer #2 · answered by Gary b 1 · 1⤊ 0⤋
No he can't. The deed and the mortgage are two seperate deals. You can have both names on both or one name on either and both names on one but not the other. The title to the house is not reliant on the mortgage. As both of you are on the house title or deed you are joint owners. You would have to quit your claim on the house and a new deed issued. Since you are not on the mortgage contract you are not liable for any payment of mortgage. This is some compensation to the bad situation you are having with your relationship.
2007-03-12 00:01:00 · answer #3 · answered by beachloveric 4 · 0⤊ 0⤋
No he can't, your on the deed. A mortage is a completely different thing.
What I would do is, (this is sneaky, but the best way to make sure you don't loose that property is).
Go file a 'lien' down at the city office. Anyone can file a lien on any property. That way, if there was a chance he could sell it, then when he is in the process, it will all be haulted because of the lien.
Go to the city offices asap and file that paper. Basically no one can sell that house untli the lien is gone. Which just means you resind your lien.
2007-03-11 23:57:40 · answer #4 · answered by avie 2 · 2⤊ 0⤋
Not in my state. It takes one signiture to buy but two to sell. You need an attorney, not some dope on Yahoo like me. LOL I'm a retired Realtor and a divorcee so I do know a bit. Do not move. Make him take it to court and nine chances out of ten, you won't be moving but might have to take over the payments. This could be a real mess if he lets it go into forclosure. Don't be sitting on this one hoping it works out. Most attorneys will see you the first visit for free and you will at least know where you stand. Good Luck and God Bless
2007-03-12 00:00:52 · answer #5 · answered by moonrose777 4 · 0⤊ 0⤋
No, if your name is on the deed, its your house also. If you know who holds the mortgage, contact them and tell them what is going on and ask why your name does not appear on the mortgage.
2007-03-12 00:03:17 · answer #6 · answered by ? 7 · 0⤊ 0⤋
No he can't ,a deed its like a title ,i don't care who's name he as on the mortgage ,but he cannot sell without your knowledge.
good luck sweetie.
2007-03-11 23:56:09 · answer #7 · answered by Anonymous · 3⤊ 0⤋
No. If your name is on the deed he can't sell it without your signature on the deed.
2007-03-11 23:55:22 · answer #8 · answered by Anonymous · 3⤊ 0⤋
No, if your name is on the deed, then you'd have to sign in order for the house to be sold.
2007-03-11 23:52:38 · answer #9 · answered by Judy 7 · 3⤊ 0⤋
How can your name be on the deed but not on the morgarge. Something isn't right here!
2007-03-11 23:54:52 · answer #10 · answered by jim_elkins 5 · 0⤊ 1⤋