Here’s a scenario has become an increasing problem for many U.S. homeowners and kept a real estate attorney Omaha busy. Properties have changed hands multiple times, people added onto title deeds, families and couples have split, and siblings left property by parents. All of this can complicate the title of a home and present some possible issues when selling your house.
One question comes up often: How do I sell a house when one of the owners is missing? The short answer to the question is you can’t! If you and your spouse, civil partner or partner own your home together, meaning you both are on the deed, neither of you can:
Some may not realize other parties are considered part owners of their properties. Others think if they don’t mention it will pass. Some need to sell a house for a variety of reasons, but can’t find the other parties or can’t get them to agree to sign the paperwork.
Every owner ought to act in good faith, even if they are in a tough spot. More importantly, they certainly shouldn’t think they will be able to fool anyone long enough to get through to a closing. At some point, buyers are going to have a title search done and figure it out.
However, that doesn’t mean you should give up on selling. There is help available, and selling your house could be easier than you think. One option is going to a title company or real estate attorney Omaha to see what they can do for you. You may find that the title resides in tenants in common rather than joint tenants. That means you may be able to sell your part ownership.
One tip for selling your house is to approach a local real estate solutions company who is actively buying homes, which might provide assistance, bear the brunt of the work to convince the other party it is in their best interest to sell or perhaps cover the cost of an attorney to do it. Be transparent, ask for assistance and you’ll find it.
Another way a Real Estate Attorney Omaha can help: If you are living in a house with a spouse, or civil partner and your name is not on the deed, and are told to leave, there is an occupation order available in which a court can enforce or restrict some rights for a temporary period until a long-term arrangement has been agreed to by you and partner or by the court
if you can’t reach an agreement. An occupation order can, for example, specify who can live in the home or order a joint occupant to leave. The court may be reluctant to make an occupation order unless there has been domestic violence or where one person or children living in the home, are likely to suffer harm without the court’s intervention.
We are helping tens of thousands of homeowners every year. We may not be the “traditional” route, but we CAN help, and we can do it quickly.
Give us a call today at 402.909.0608 to let us know how we can help YOU.