Can a person who is not on the mortgage but on the deed, sell the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a person who is not on the mortgage but on the deed, sell the property?

My mom bought a house and had to put me on the deed and mortgage with her. Before she passed away last year. She put the house in my sons name, however I am left on the mortgage and the insurance. I was supposed to stay in the house, until I died, but ended up moving due to certain circumstances. I heard he was wanting to sell the house next year but I don’t want him to. I would like to get it back. Is there anything I can do to stop him from selling it?

Asked on August 21, 2019 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Only the owner, that is the person who is listed on the title to the house, has the right to sell it. Merely being on either the mortgage, insurance or both does not impart any ownership interest. Accordingly you have no claim here; your son can dispose of the property as he sees fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Only the owner, that is the person who is listed on the title to the house, has the right to sell it. Merely being on either the mortgage, insurance or both does not impart any ownership interest. Accordingly you have no claim here; your son can dispose of the property as he sees fit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption