If 3 people are on a deed, can the person who holds the mortgage sell the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If 3 people are on a deed, can the person who holds the mortgage sell the house?
4 people, a married couple who are now divorced and a married couple who, one has passed away bought a house. The mortgage is in the name of the second couple. Can the house be sold by the mortgage holder?
Asked on September 10, 2017 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, a property can only be sold by all parties who are on the deed. A mortage is not determinative as to who can sell or otherwise transfer ownership of a property. That having been said, when co-owners cannot agree as to ownership matters, any owner can go to court and request that a judge either order a "partition" of the property if it is capable of being divided, if it isn't, then it can order that the property be sold (although first, any owner who wants to keep the property can buy out the other owners).
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.