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Old 01-27-2004, 11:25 AM
Jon Jenkins
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My 2 sisters and myself are on the title


What is the name of your state?
State of California

My folks passed in 1985 & 86, my sisters and myself are listed on the title as joint owners.

I had some difficult years and let taxes slip, and we have agreed to sell to a couple, and in doing the 'write-up', the Real estate person informed us of a law that states something to the fact that: "If one or more of the seller's is seperated from spouse, and not divorced, that the state requires the spouses signature also.
Is this so and how do I go about getting such signature without giving spouse complete control of property ? something she has threatened to do, out of hate.

My sisters have signed power of attorney's over to me in order to sell house, but I'm sure the ex is going to be a real pain.

Should I try and optain a loan to pay taxes and finalize the divorce, then look into selling?
I'd like to get out of the area, and house is what has kept me from doing so.

Any suggestions would be greatly appreicated.
Thank you Jon
  #2  
Old 01-27-2004, 11:31 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: My 2 sisters and myself are on the title


Quote:
Originally posted by Jon Jenkins
What is the name of your state?
State of California

My folks passed in 1985 & 86, my sisters and myself are listed on the title as joint owners.

**A: if tenancy is joint tenancy then probate is not required. Joint owners could also hold title as tenants in common.
***********

I had some difficult years and let taxes slip, and we have agreed to sell to a couple, and in doing the 'write-up', the Real estate person informed us of a law that states something to the fact that: "If one or more of the seller's is seperated from spouse, and not divorced, that the state requires the spouses signature also.
Is this so and how do I go about getting such signature without giving spouse complete control of property ? something she has threatened to do, out of hate.

**A: there is a difference in signing the deed and signing dower and curtsey interest.
************

My sisters have signed power of attorney's over to me in order to sell house, but I'm sure the ex is going to be a real pain.

**A: this issue is not resolved by your POA.
*********

Should I try and optain a loan to pay taxes and finalize the divorce, then look into selling?
I'd like to get out of the area, and house is what has kept me from doing so.

Any suggestions would be greatly appreicated.
Thank you Jon
**A: I suggest you obtain legal counsel such as a real estate or family law attorney.
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