My father jointly owns a rental property with my mother in New Jersey. They are divorced yet they still jointly own said property. They both reside in California. Can either of them list and sell the property completely on their own, w/out acquiring signatures/approval from the other? I would hope not, but I do not know for sure. Thanks
I would think that both parties' signatures would be needed to sell jointly held real property, but you really need to discuss it with an attorney in New Jersey. Try re-posting your question as a "New Jersey" question.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Your father should talk to an attorney. They will both need to sign papers to sell the house, or one will need a NJ court order.
You need to know where the divorce judgment was entered and whether the rental property was included. They may need a new case in NJ, or to register a CA court order there if the parties cannot work something out.
The advice provided is general in nature and is not based on any confidential communication or information provided by the requesting party. To receive complete and specific legal advice you should consult personally with an attorney in your area.
It depends on the judgment and if still titled by both, then yes they need to both sign the contracts.
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