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Home > Law > Real Estate Law   »   Can this be done?

 
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Old Feb 17, 2008, 07:18 AM
hajt70
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Can this be done?

The rental property was bought and owned free and clear during our marriage (we are still married). My name is not on the deed for liability reason. My questions are:

1. Can he sell the property without my permission?
2. Can he put a mortgage on the property without my permission?

If YES, what can be done to prevent those?

Thank you,

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Old Feb 17, 2008, 08:00 AM   #2  
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His name is on the deed and yours is not.

Yes he can

I don't think there is anything you can do other than maybe get him to add your name.
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Old Feb 17, 2008, 07:28 PM   #3  
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As for as this, can depend on the state you live in, in many states yes, he can do what he wants since you name is not on it.

What sort of liability do you have alot of debts you are afraid they may put a lien on the property.

He can quitclaim 1/2 of the property to you, he can sign a lien over in your name on the property, he can't sell without paying you off.
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Old Feb 18, 2008, 06:32 AM   #4  
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"What sort of liability do you have alot of debts you are afraid they may put a lien on the property".

No debts. Business liability. His business is located on this property also and the lawyer suggested not to put my name on the deed.
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