Do I Need The Co-Owner’s Signature To Sell The House?

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My sister deeded her house to me before she passed away. I am in the process of trying to sell it; the mortgage is in her name and her ex’ – he is not on the will, and this is going to be a cash deal. Do I need her ex to sign anything at closing? We cannot locate him.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Whose name is on the mortgage is not important, as long as the house is not “underwater” (meaning that the sale price is less than what you owe). As long as the lender gets paid, it doesn’t care much where the money comes from.

The question is whether the ex is on title to the property. If he is, then you’ll need his signature on the deed to sell it. If not, then all he should sign is a thank-you note to you for getting him out from under a mortgage.



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Author: House Attorney