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    mill0750's Avatar
    mill0750 Posts: 1, Reputation: 1
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    #1

    Feb 10, 2011, 05:22 PM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 10, 2011, 05:33 PM

    Are the owners tenants in common?

    Where?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 10, 2011, 05:34 PM

    Yes, but it wouldn't be legal
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 10, 2011, 05:48 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 10, 2011, 08:11 PM

    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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