Can I sell a house if my name is not on the deed?
Asked by: Lazaro Ankunding | Last update: June 28, 2025Score: 4.4/5 (23 votes)
If the property is not in your name, you will need to determine if you have the legal right to sell it. This could be the case if you are the executor of an estate, the power of attorney for the owner, or if you have a valid contract or agreement with the owner giving you the right to sell the property.
What are my rights if my name is not on a deed?
What If My Name Is on the Mortgage and Not the Deed? If your name is on the mortgage but not the deed, you are financially responsible for the loan but do not have ownership rights. This situation can arise if you co-sign a loan or take out a mortgage for someone else's property.
What does it mean if your name is on the deed but not the mortgage?
In other words, if your name is on the deed, you are tenants-by-the-entireties, and if one of you dies, the other owns the property entirely. If you are not on the mortgage for whatever reason, you are not liable for paying the mortgage loan. That said, you get your spouse's interest in the property if they die.
What happens when one partner wants to sell and the other doesn't?
A joint owner wanting to sell should attempt to make an agreement with the other joint owner or owners before hiring an attorney for a partition action. If the joint owners will not sell, a partition action asks the court to force the sale and divide the proceeds equally.
Is it better to be on the mortgage or the deed?
Regarding property ownership, two essential documents are the deed and mortgage. Out of these two, the deed is undoubtedly the most important one. It acts as concrete evidence of your rightful ownership of the property.
Name on title but, not on the loan - can I sell?
What happens if I died and my wife is not on the mortgage?
In a Nutshell
If you inherit the house, you can assume the mortgage without triggering a due-on-sale clause, thanks to the Garn-St. Germain Act. If your name isn't on the mortgage, you may still have options, like refinancing or selling the home to pay off the balance.
Can someone sell a house if your name is on the deed?
The person whose name is on the deed is the legal owner of the property. That means that they have the right to make decisions about the property – including selling it. However, that doesn't mean that you can just ignore a mortgage that is in someone else's name.
What if you want to sell your house but your spouse doesn't?
A: In California, neither spouse has a greater right to sell the family home than the other. Therefore, whether husband or wife, the sale of the home must either be agreed to in writing by both spouses or be court mandated.
What is partner abandonment?
When an individual can't locate their spouse after making a reasonable attempt to find them. Also known as desertion. If you're a victim of spousal abandonment, you can select “unmarried” on your Marketplace application.
Can a person move into my jointly owned home without my permission?
Co-Owner's Right to Access the Property
A fundamental rule of co-ownership in California is that: “One of the essential unities of a joint tenancy is that of possession. Each tenant owns an equal interest in all of the fee, and each has an equal right to possession of the whole. Possession by one is possession by all.
Can you remove someone from a deed without their knowledge?
In short, you cannot remove someone from a deed without their knowledge and express consent. Doing so without their consent can typically only be done through fraud or forgery, which is illegal. Further, an illegally-recorded deed is void and can easily be disputed and set aside by a court.
What are my rights if my name is not on a deed but married in Michigan?
Most property you or your spouse got during your marriage is marital property. If there is a title or deed, it does not matter whose name is on it. It is still marital property unless it was a gift or inheritance. If something is marital property, it is owned by both of you.
Can two people be on deed but only one on mortgage?
In the event you opt for two names on the title and only one on the mortgage, both of you are owners. The person who signed the mortgage, however, is the one obligated to pay off the loan.
What happens if your husband dies and your name isn't on the house?
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
Does it matter if my name is not on my mortgage?
If your name on deed but not on mortgage death, you own the property if one of you dies. You are not liable for the mortgage loan if you do not have a mortgage. However, if your spouse dies, you inherit their interest in the property. The mortgage lender can evict you if you default on mortgage payments.
What are my rights if my name is not on a deed but married in Tennessee?
Under the rules of equitable distribution, anything either you or your spouse acquires while married—regardless of whose name is on the paycheck, loan, or deed—belongs to both of you, equally. Upon divorce, this property will be divided between you, equitably.
What are my rights if I leave the marital home?
While a spouse choosing to leave the marital home does not mean they forfeit their property rights in the home (nor does it absolve them of their responsibility for helping to pay a mortgage), it can influence other aspects of divorce if it is not carefully considered.
What is the walkaway wife syndrome?
So, what exactly is walkaway wife syndrome? In essence, it refers to wives who become so emotionally disconnected and dissatisfied with their marriages that they eventually decide to leave—often after years of built-up resentment. This isn't your typical cold feet or mid-life crisis.
Is a sexless marriage abandonment?
Having a sexless marriage is not specifically articulated as grounds for fault, but in some cases, a sexless marriage could conceivably rise to the level of or contribute to a finding of constructive abandonment. It will be particularly difficult to prove constructive abandonment based on lack of sex alone, though.
Can I sell my house if someone else is on the deed?
You will need to have an attorney (real estate/probate) review the deed and see what needs to be done. If the additionally owners were added, you will have to deal with them and you will need their signatures and approval to move forward with any sale.
Is my wife entitled to half my house if it's in my name in California?
Essentially, any assets or property that you and your spouse have acquired during your marriage with some exceptions are considered community property and will be divided equally during the divorce process. This includes everything from your house and car to your savings accounts and retirement funds.
Can a spouse refuse a buyout?
A “Buyout” is when the buying spouse pays the other for their share in the value of the home or mortgage. It is important to understand that a buyout must be agreed upon and cannot be forced.
Can my ex sell the house if my name is on the deed?
However, in a community property state (like California) – and even some states without community property laws – a home purchased during the marriage is considered marital property, regardless of whose name appears on the deed.
Can you sell a house without the original deed?
Deed to the house
To sell your home, you'll need the original deed that was issued when you purchased it. For many sellers, that came years prior, so finding the deed might prove challenging. If you're unable to find a copy of your deed, you have options for obtaining a replacement.
What are my rights if my name is not on a deed but married in South Carolina?
South Carolina's marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.