Legal Question in Real Estate Law in Nebraska

Signatures required on sale of home

when my son passed away my ex husband had the names recorded on the home as that of our other son, himself and me. my son and I live out of state and we just became aware that the home is listed for sale. Can he sell this home without all our signatures?


Asked on 3/06/08, 12:34 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Signatures required on sale of home

If your name is on the title, then it may be sold legally only with your permission and signature or by order of the court through a partition action or foreclosure. If ex-husband filed a partition action, then you should have received notice, provided ex-husband knew your current address. Although a court may order the property sold, the court will also insure that all parties on the deed are compensated for their respective share of ownership less any encumbrances. If ex-husband has not filed a partition action, then the real estate listing may be void. Either way, you should hire an attorney to investigate and take action on your behalf.

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Answered on 3/06/08, 1:05 pm


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