The person whose name is on the deed is the legal owner of the property. … If your name is not on the deed of the house and you break up with a partner, they could legally sell the house and keep the proceeds unless you have another legal agreement in place that spells out the specifics of the arrangement.
Can you sell a house if you don’t have the deeds?
It’s possible to sell or remortgage a house without the deeds, but you must prove you own the property to do so. … If deeds have been lost or destroyed, the first port of call is to check whether the property is registered with the Land Registry.
Can I sell a house if my name is not on the mortgage?
Because the people who are listed on the title have full ownership of the home, they have full rights to sell the property, even if they are not on the mortgage.
Can someone sell my house without my knowledge?
It is not legal to sell someone’s property because you claim he/she owes you money – but you don’t have any legitimate claim to that property. Anyone who sells someone else’s property without the owner’s consent and without legal authority can be charged with theft, depending on how they acquired the property.
Can you sell property without the original sale deed?
A.NO, a property cannot be registered if original sale deed is not with the owner, but a copy of the deed acquired from the registrar is available and name of the owner is displayed in the Encumbrance certificate. … best is to avoid buying such property as it will create troubles for you afterwards. thanks.
What are my rights if my name is not on a deed?
In single name cases (as opposed to situations where both owners’ names are on the deeds) the starting point is that the ‘non-owner’ (the party whose name is not on the deeds) has no rights over the property. They must therefore establish what is called in law a “beneficial interest”.
What happens if my name is not on the mortgage?
If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage.
How do you sell a house if one partner refuses?
If the co-owner is not willing to sell their share, they may be agreeable to buy your share. In either case, once the share is transferred the legal owner(s)has control of the property. Sell your share to another buyer. Legal ownership provides the right to sell the portion of the property specified.
Do all heirs have to agree to sell property?
MYTH: An heir cannot sell his or her interest in heirs property without the consent of the other heirs. FACT: An heir can sell his or her interest in heirs property to any non-family or family member and does not need the consent of any other heir.
Can you force someone to sell a house?
A homeowner can force a sale that is co-owned, either by negotiating a buyout, selling your share to a new owner, or getting a court-forced to sale. A mortgage is an additional legal issue that needs to be addressed in a forced home sale. … Louis, contact TdD Attorneys at Law for assistance with forced home sales.
Do you need two signatures to sell a house?
Both signatures are needed even to put the house on the market, much less sell it. Ownership as tenants in common means you can sell your half of the house without her permission – but only half. Deeds differ from titles in that the title declares how ownership is held and allows transfer of that ownership.
Can you register a property without deeds?
In order to register a property without title deeds, a conveyancer would need to reconstitute the deeds. This involves putting together sufficient evidence to allow the Land Registry to determine if registration is possible. Each application will be determined on its individual facts.
Can we sell property without original documents?
Misplacing original documents doesn’t mean that you cannot sell or buy a property. While you can settle the deal in such a case, it will require additional paperwork and result in higher costs. When you lose such important documents, the first step is to file a police complaint.
What happens if original sale deed is lost?
Lodge an FIR: It is true if you lose anything, first go to the police station in your area. Lodge an FIR (first information report) with the police there, giving all the details of the property. … In case the police are not able to trace your lost sale deed, they would issue you a non-traceable certificate.