Legal Question in Real Estate Law in California

Re: co-owners legal rights

The other owner can sign a listing agreement without your consent, but he/she cannot sell your interest without your consent. Other owners can, however, sell their own interests without your consent, but as a practical matter, it is very difficult to sell a partial interest.

Your interest could be sold without your consent in a partition action, which is a court sale--you would receive notice of this. These are rare, though, because the costs are expensive and the sales price is usually low.

Re: co-owners legal rights

They could, theoretically, list the home for sale, but it would never actually sell without your signature. There cannot be a grant deed without the notorized signature of all parties on title.

The other party could sell his/her half without your permission.

Re: co-owners legal rights

Technically, an interest in real property can be tranferred without the consent of the other owner. That may change a joint tenancy to tenants in common. Practically, a title company would not insure complete ownership and the lender may call the loan due and payable. Your interest could not be transferred without your consent.

Re: co-owners legal rights

There is no legal reuirement that all legal owners sign a listing agreement - it becomes legally binding if any owner signs it. The property cannot be sold without all owners signing the title transfer.

A problem may arise if the broker brings a full price offer and the owner who did not sign the listing agreement refuses to sell. In such a case, the broker will claim entitlement to a full commission. There are defenses to such a claim. If you would like to learn more, feel free to contact us.