Expert: Dick Dennis - 7/6/2006

Question
Hi Dick,

My mother in law is in CA and almost done a litigation with her sister for the house. She's getting the deed back just to her name (husband signed quit claim deed or warranty deed, I am not sure).

The mortgage is under her name and her husband (now she is getting divorce). So she is the only one the deed, but she and husband are still in the mortgage.

Can she sell the house by herself or does she need any authorization of the husband?

Or does she need to refinance the mortgage just under her name to sell the house?

Or does she need any sign of the husband to sell the house?

Thank you for your time

Cecilia

Answer
As long as she is the only one on the title of the property, she may sell it or do anything she wants with it. When she sells it, the existing mortgage will be paid off by the new financing. No, she does not need anyone else's signature to sell the property, Cecilia.

I do wish you well.


Dick Dennis           dixiedee13@aol.com