QUESTION
Can I sell my property even if my husband was deported to Mexico?
Asked on Mar 13th, 2014 on Estate Planning - California
9 ANSWERS
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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The answer to your question depends on the deed you received when you acquired the property. You should have an attorney review it to determine the state of the title.
Answered on Mar 18th, 2014 at 4:34 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Is your name on the property? Or is his name only, or the two of you? The form of the title will govern whether you can sell property. Suggest you consult a lawyer who has experience with property titles.
Answered on Mar 18th, 2014 at 4:33 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. Was your husband also on the title of your property? If so, you can sell, but he would need to join in the sale with you. He could appoint you as his agent under a POA to sign for him, if necessary.
Answered on Mar 18th, 2014 at 4:32 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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To sell property in Ohio, the persons who are named as owners must sign the new deed. ?So if the property is joint tenants or tenants in common with you and your husband - then your husband will need to sign (or appoint you as his power of attorney to sign for him). It doesn't make any difference if your husband is in Mexico.
Answered on Mar 18th, 2014 at 4:32 AM
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Is he on title? If so, not unless you have a valid power of attorney or if he signs in Mexico. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Mar 18th, 2014 at 4:32 AM
If he is an owner of the property all you can sell is your separate interest in the property. Being deported does not change his ownership rights.
Answered on Mar 18th, 2014 at 4:31 AM
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Who is on title? You can probably sell it but if he is on title, he will have to sign.
Answered on Mar 17th, 2014 at 7:35 PM
Yes, if his name is not on the deed.
Answered on Mar 17th, 2014 at 7:25 PM
Edwin K. Niles
If the property is in your name, you should be able to. However, buyers usually want a title insurance policy in order to close escrow, and the title company will usually ask for the spouse to?sign off? Can you reach him by mail?
Answered on Mar 17th, 2014 at 7:21 PM