Can I Sell My House Without Both Owners’ Signatures?
Selling a home is a big decision that can significantly affect everyone involved. Because homeownership is complex, the process of selling a home requires multiple steps and signatures to make sure that the ownership is conveyed from seller to buyer without any hiccups.
If you own the home with your spouse or partner, the process is relatively straightforward when both parties are available to sign all of the documents involved in the sale process.
But what if the other owner isn’t available or cooperative? Is it possible to sell a home without them?
DISCLAIMER: This article is meant for educational purposes only and is not intended to be construed as financial, tax, or legal advice. HomeLight always encourages you to reach out to an advisor regarding your own situation.
Some reasons you may want to sell a home without both owner’s signatures include:
Your spouse is traveling or on active military duty out of the country
You’re going through a divorce and your spouse doesn’t want to sell the home
You’re selling an investment property you inherited while you were married
You think the market has peaked and want to cash out, but your partner disagrees
The TL;DR version is that in some situations it is possible to sell without your co-owner’s signature, but there are a lot of legal pitfalls. It’s definitely best to consult with an expert to examine your particular situation.
In this guide, we’ve done the research and interviewed expert real estate attorney and broker Andrew Oldham. Oldham and his wife, Jennifer, are top-selling agents in California who work with 70% more single-family homes than the average San Jose area agent.
When it comes to the question of selling a house without both owners’ signatures, he’ll share his 30 years of insights to help you navigate your individual situation. Oldham says they have sold thousands of homes with their team, and so, “It’s going to be hard to find something we haven’t run into before,” Oldham says.
