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-   -   Issuance of land contract without mutual owner consent (https://www.askmehelpdesk.com/showthread.php?t=553368)

  • Feb 10, 2011, 05:22 PM
    mill0750
    Issuance of land contract without mutual owner consent
    If 2 people are on a valid house title, can one create a 'land contract' with an individual without consent of other person on title?
  • Feb 10, 2011, 05:33 PM
    AK lawyer

    Are the owners tenants in common?

    Where?
  • Feb 10, 2011, 05:34 PM
    ScottGem

    Yes, but it wouldn't be legal
  • Feb 10, 2011, 05:48 PM
    AK lawyer
    I now understand, from reading the other thread, that the state is Michigan.

    It's possible. It can get into a very complicated argument about whether the person who signed had actual or apparent authority to sign for the other (agency law). Let's take two different fact patterns:
    • The person who signed the contract and the other owner are 2nd cousins twice removed who haven't communicated with each other for 30 years, and the non-signing cousin lives on the other side of the country. - probably both would have to sign.
    • The two owners are married to each other. The non-signing wife was in the same room when her husband signed the contract. - signature probably not necessary.
    • Somewhere in between? Best to get both signatures to be safe.
  • Feb 10, 2011, 08:11 PM
    Fr_Chuck

    If two people own a property, the one person could sell their interest in that property, but it opens up an entire issue of liens on the property.

    Example If Scott and I owned a property, I could sell my share of it, but not the entire property without the other owner also signing

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