Here’s a good question: how do you sell a house when you do not have sole ownership? Maybe you aren’t in touch with the other owner(s) or they may not want to cooperate?
This scenario has become an increasing problem for many U.S. homeowners in the wake of the last 7 years. Properties have changed hands multiple times, people have been added onto title deeds, families and couples have split, and siblings have been left property by parents. All of this can complicate the title of a home and present some possible issues when selling your house.
The short answer to the question is you can’t! If you and your spouse, civil partner or partner own your home together, meaning you both are on the deed, neither of you can:
- force the other to leave without a court order
- rent out or sell the property without getting the other’s agreement or a court order
- take out a loan against the property (for example, a second mortgage) without the other’s agreement.
Some may not realize other parties are considered part owners to their properties. Others think if they don’t mention it that it won’t be noticed. Some really need to sell houses for a variety of reasons, but can’t find these other parties or can’t get them to agree to sign the paperwork.
Every owner ought to act in good faith, even if they are in a tough spot. More importantly, they certainly shouldn’t think they will be able to fool anyone long enough to get through to a closing. At some point, buyers are going to have a title search done and figure it out.
If you are living in a house with a spouse, or civil partner and your name is not on the deed, and are told to leave, there is an occupation order available in which a court can enforce or restrict some rights for a temporary period until a long-term arrangement has been agreed to by you and partner or by the court if you can’t reach an agreement. An occupation order can, for example, specify who can live in the home or order a joint occupant to leave. The court may be reluctant to make an occupation order unless there has been domestic violence or where one person or children living in the home, are likely to suffer harm without the court’s intervention.
However, that doesn’t mean you should give up on selling. There is help available, and selling your house could be easier than you think. One option is going to a title company or real estate attorney to see what they can do for you. You may find that the house is owned as tenants in common rather than joint tenants. That means you may be able to sell your part ownership.
One tip for selling your house is to approach a local real estate investor who is actively buying homes, who might provide assistance, bear the brunt of the work to convince the other party it is in their best interest to sell or perhaps cover the cost of an attorney to do it. Be transparent, ask for assistance and you’ll find it.
Trusted Homebuyers is here to help homeowners out of any kind of distressed situation. As investors, we are in business to make a modest profit on any deal, however we can help homeowners out of just about any situation, no matter what! There are no fees, upfront costs, commissions, or anything else. Just the simple honest truth about your home and how we can help you sell it fast to resolve any situation.
Give us a call today to let us know what YOU need help with!