Profile picture for giancarlo2

Hello, my husband inherited a house. His siblings have put it on the market without his signature.

We were wondering if this was legal.My Mom would have the answer she was a real estate agent for 20 years.we sold a house years ago but can't remember if an agent can legally do this?
  • August 12 2010 - Livermore
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Answers (15)

When you say your husband "inherited" a house, you need to clarify the terms of the document leaving him the inheritance.  The right to ownership could have been divided many ways among siblings.  If the distribution was not equal among siblings,and/or there are terms designating one or more person as trustee, then his signature might not be required.  Our best advice is for you to contact a local attorney and set up a 20 minute consultation, which in many areas is free.  Be sure to bring all documents relating to this inheritance to the appointment.
  • October 03 2010
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Did the home go through probate?  If it did, seems like the judge would have a big say if they could sell or not.
  • October 01 2010
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Profile picture for sunnyview
Doesn't really matter. The siblings can't sell without his signature or without dragging him to court so it makes no difference. The agent is wasting their time marketing if they find a buyer and your husband won't sign when it comes time to sell and the siblings and agent run the risk of being sued for breach if they knew all along that he did not agree to sell.
  • August 31 2010
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Many factors have to be considered before anyone can play legal expert.

. Do any of his siblings have a power of attorney? and/or
. Does actual ownership of the subject property ONLY belong to your husband or do his siblings have a legal right?

Contact a qualified real estate attorney and seek out legal advice.

  • August 30 2010
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good evening..simon nailed it.anyone of the siblings can sign the listing ticket.....transferring title is not going to happen without everyone included..they should all sit down and have a talk..right?
best regards
bob mcclure
mortgage one
brighton, michigan
  • August 13 2010
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Profile picture for Mills Realty
Assuming the siblings are also on title they have a right to enter into a listing agreement.  This is far different than transferring ownership via a sale.  The sale will require all owners to sign in order to transfer the deed.  My suggestion is to let the listing agent know your situation.  If your husband does not want the property sold then he should tell the agent that he will not agree to the sale.  That will inevitably start conversation regarding the future of the estate.

Simon Mills
Mills Realty
  • August 12 2010
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Profile picture for Trinidad.Gaeta
If legal title is in your husbands name then they cannot sell it without him signing over the deed. I would check with county records to assure your husband has clear title on his name to make sure. 

Good luck. 
  • August 12 2010
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The siblings may have the property listed but the title will not be transferred without his signature. Obtain a Real Estate Attorney.
Good Luck! Chris McDermott | www.chrismc.biz | McDermott Realty
  • August 12 2010
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Profile picture for Erich Young

They will have a pretty hard time transferring the title if it is not in their name!

  • August 12 2010
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If there is a will, and an executor, the executor may have been given the authority to sell it so the proceeds can be distributed to the heirs.  An executor's responsibility is to protect your interests as well as those of all other beneficiaries (heirs) in the will.  I would assume there is no will here, otherwise your husband would have been given a copy if he was named in it. You should speak to an attorney in your state.  Regarding the listing agreement, listing and actually selling are two different things.  My local MLS service in New Jersey requires the signor to attest that they "have the authority" to engage in the listing agreement; therefore they may not necessarily be the owner, nor all owners.  In most cases like that it is the executor of an estate, or someone authorized by a court (e.g. a divorce settlement agreement), or a family member representing others who live overseas, for instance.  However, that's their word and to protect myself I always attempt to get all owners' signatures if possible or a copy of the executor's appointment papers so I don't waste my time in a family dispute once a contract has been negotiated.  The property can't actually transfer without the written authorization of all existing owners or written court order or Living Trust or written Will.  So check with an attorney in your state.
  • August 12 2010
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If the home's deed is his name, his siblings cannot put the home on the market without his signature. Very illegal.Thanks Terry Crist
  • August 12 2010
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Profile picture for ABBAUSA

This could be a true heirship issue and all siblings have a claim.
All must sign their rights before it would be a valid transfer. This can get sticky when one or more don't want to sign. Then you have to hire an attorney and ask for a partition of interest or you ask the judge to force sell. It can be costly and very time consuming. Any sibling with a claim can list the property and place on the market, but all siblings and all heirs must sign. The title company will normally raise the red flag and let you know who must sign otherwise they want close.

Good Luck!

James Callas - Realtor®

  • August 12 2010
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You will probably need a real estate attorney for this.
  • August 12 2010
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Did your husband inherit the home himself or is it shared ownership with his siblings?  If they all own the property, then you need to know if they all oown it as Joint Tenants or Tenants in Common.  If it is Joint Tenants, they cannot sell without your husbands permission.  If it is tenant in common, they could only sell their interest.
  • August 12 2010
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Who is on the deed? If your husband inherited the home alone as it sounds like in your question he is the only one that can sell it. Check with an attorney in your area to make sure of the transfer of deed and who is listed as current owners.
  • August 12 2010
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