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Joint tenancy, how can a spouse sell without your signature.

Joint tenancy, how can...

Joint tenancy, how can a spouse sell without your signature.

Lawyer's Assistant: What steps has the spouse taken so far? Have they prepared or filed any paperwork?

They sold already

Lawyer's Assistant: Where is the property located?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This was 1995

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Answered in 2 hours by:
5/12/2018
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,231
Experience: Attorney and Real Estate broker -- Retired
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I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, I am a California licensed real estate broker, and I have comprehensive information about all areas of California and federal law.

If you held the property in joint tenancy with your spouse, then unless you signed the deed transferring your share of the property to a new purchaser, then your spouse could only transfer one half of the property, and you would retain ownership of the other one half.

Of course, if your spouse were to forge your signature on the deed, and obtain a notary acknowledgment from a notary public who was willing to commit a fraud, then that would satisfy the requirements sufficient to transfer the entire property. Absent that sort of criminal act by your spouse, you would still own one half of the property.

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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,231
Experience: Attorney and Real Estate broker -- Retired
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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