If you find yourself in a situation where one owner wants to sell the property but the others don't, there are a few different options to consider. These may include negotiating a buyout agreement, seeking mediation or arbitration, or taking legal action to force a sale.
In a joint tenancy, one owner typically cannot sell the property without the consent of the other owner(s). The property must be sold by all owners together. ALSO READ What Is Joint Tenancy With Right of Survivorship in California?
No you cannot sell the house without his permission. He has to sign the forms just like you do. You can retain a real estate lawyer to do the closing and get your spouse to agree that the money will be held in trust by that lawyer until the legal issues between the two of your are sorted out.
Being a cosigner does not give you rights to the property. A cosigner has no title or ownership in the property secured for the loan. Additionally, a cosigner has no legal right to occupy a home as a primary or secondary residence, unlike the primary signer/borrower.
Neither you nor your co-owner can sell the property whenever you want to. You both must agree to sell it. You may even have challenges selling your interest property.
Request release from a co-signed loan
Co-signers can make a written request to the lender to be released from a loan. In certain cases, like some student loans, there may be a provision that allows a co-signer to take their name off a loan.
Potential Sanctions: You may request sanctions such as full control of the sale, statutory interest on your share, attorney fees, or even a jail term to encourage compliance. Drawbacks of Contempt Motions: These motions require multiple hearings and can take months to resolve.
The seller can back out for reasons written into the contract, including (but not limited to) contingencies. The buyer is in breach of the contract. If the buyer is “failing to perform” — a legal term meaning that they're not holding up their side of the contract — the seller can likely get out of the contract.
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.
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.
For a community property in California, it depends upon when and how their spouse acquired the property. The law asserts that all property purchased during the marriage, with income that was earned during the marriage, is community property.
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.
If your business partner disputes the validity of the buyout agreement or refuses to buy out your interest, you can take legal action. Sometimes consulting a knowledgeable attorney and having them act as a mediator can clear up disputes efficiently. Other cases require pursuing litigation.
You made them co-owners with exactly the same rights that you have. You cannot sell the house without their cooperation and you cannot charge them for expenses that have nothing to do with the house.
What is Spousal Abandonment? In California, spousal desertion or abandonment is when one spouse leaves the other without any agreement or warning, causing emotional and often financial stress. It's important to know you're not alone in this and there are legal ways to protect yourself.
“The buyer could sue for damages, but usually, they sue for the property,” Schorr says. The seller may also be ordered to: Return the buyer's earnest money deposit, plus interest. Pay back any fees the buyer paid for inspections and appraisals.
If you back out without cause, the buyer can bring legal action for breach of contract. That means you could be facing a lawsuit where the buyer seeks compensation. Depending on the buyer, the lawsuit may seek financial compensation or even specific performance, forcing you to sell your home.
If the seller pulls out after the contracts have been exchanged, then buyer will be able to issue a Notice to Complete to the seller. This gives the seller 10 days to complete the sale and they will be required to pay a daily rate of interest to the buyer until the sale is complete.
You can either follow the legal procedures that apply in your state—typically this means the court will order the property to be sold, and the net proceeds (after paying mortgages, liens, and costs of sale) to be divided—or you can reach your own compromise settlement.
How To Force A Sale When One Owner Wants To Sell A House As Is? You can acquire a court order if you want to sell a co-owned property, providing you have a compelling reason to sell. This is known as a partition action. A piece of land of a property is much easier for a court to divide up between co-owners.
If you and your spouse can't agree on what you'll do with the house, a judge will decide for you and issue an order as part of the overall property division in the divorce. Usually, judges will simply order a sale, since that's the simplest and most straightforward option.
Fortunately, you can have your name removed, but you will have to take the appropriate steps depending on the cosigned loan type. Basically, you have two options: You can enable the main borrower to assume total control of the debt or you can get rid of the debt entirely.
To get a co-signer release you will first need to contact your lender. After contacting them, you can request the release — if the lender offers it. This is just paperwork that removes the co-signer from the loan and places you, the primary borrower, as the sole borrower on the loan.