QUESTION
I am a father of 5 adult children & we have a signed agreement (not notarized) on not to sell the lot. I changed my decision and I wanted to sell my
Asked on Oct 06th, 2015 on Real Estate - California
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I am a father of 5 adult children & we have a signed agreement (not notarized) on not to sell the lot. I changed my decision and I wanted to sell my lot property but my children won't agree. My wife passed away and The lot title is in my name. Do they have the right to oppose it? Can they file me a case if I sell the lot? Please reply. Thank you.
2 ANSWERS
Estate Litigation Attorney serving Redlands, CA
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If you are the only one who is on title, then you can sell the property without anyone else's permission. It doesn't matter that you signed an agreement to not sell the lot. A contract restricting the sale or transfer of property is void under Civil Code § 711. See Wharton v. Mollinet (1951) 103 Cal.App.2d 710, 713, 229 P.2d 861; Reagh v. Kelley (1970) 10 Cal.App.3d 1082, 1099, 89 Cal.Rptr. 425 [citing Wharton].
If you are on title along with your children, then you can file a partition action that requests the court to sell the property and have the proceeds divided among the co-owners. Here is an article that I wrote about partition actions: http://www.avvo.com/legal-guides/ugc/partition-actions
Answered on Oct 11th, 2015 at 7:53 AM
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In order to give you a good opinion I would have to be able to review the agreement. The fact that it is not notarized would probably not be an issue unless you dispute that you signed the agreement. What type of agreement is it? Did you children give you any sort of consideration to induce you to sign the agreement?
Thanks,Jon
Answered on Oct 06th, 2015 at 9:32 AM