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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33035
Experience:  30 years of real estate practice experience.
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My daughter and I are the deed for this property. I am

Customer Question

My daughter and I are the deed for this property. I am paying the mortgage and all utilites, insurance taxes etc. I would like to sell the property. question do I need her consent to sell?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Loren replied 9 months ago.

Hello. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Yes, in order to be able to convey clear title to a property all owners of record would need to sign off on a deed.

In other words, you would not be able to sell the property without your daughter's consent if she is on the title with you. This is true even if you pay all the expenses of the property.

Expert:  Loren replied 9 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 9 months ago.

By the way, in the absence of an agreement to the contrary, the law presumes the parties will contribute equally to the property expenses of upkeep and maintenance. So, you can demand your daughter contribute her share.

Also, if you want to sell and your daughter refuses you can file for a court order to partition the property and sell it.