Must all co-owners consent to a sale of the property?

UPDATED: Sep 9, 2011

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Must all co-owners consent to a sale of the property?

The house was bought with my down payment and the mortgage is in just my name. I put my brother-in-law on the deed but now do to medical issues I want to sell. Do I need his permission?

Asked on September 9, 2011 under Real Estate Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the property that you purchased and are paying the mortgage on is actually yours and your brother-in-law's name is on the deed as well and you want to sell the property, he needs to sign any listing agreement, purchase contract (counter-offer and addendums), final escrow instructions and the grant deed as long as he is on legal title.

If you want to sell the property due to medical issues, you need to speak with him regarding your desires and ask him to sign a quit claim deed or a grant deed to you concerning all interests that he may have in the property that you want to sell.

Should he do so, you then record whatever deed he signs with the county recorder's office where the property is located. When the deed is recorded, you will then own the entire interest in the parcel that you want to sell and you do not need him to sign any more documents.

Good luck.


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