Legal Question in Real Estate Law in California

calif realestate law

contract to sell house is only sign by of the persons on the title is this a legal doc or can I void this one without any legal aginst us


Asked on 5/14/07, 3:04 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: calif realestate law

The must be a word or two missing from your question. If you meant to ask whether a contract to sell a house must be signed by both owners if there are two owners, the answer is "usually, yes."

One owner can sell his or her part interest without the signature of the other if the property is held in joint tenancy or as tenants in common. One spouse cannot sell community property, or any interest therein, acting alone.

A co-owner who has written agency authority, or who holds a power of attorney for the purpose, could sell or contract to sell a house without the signature of a co-owner.

Otherwise, both owners must sign both the agreement to sell and the deed.

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Answered on 5/14/07, 4:43 pm


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