Home Selling in East Point>Question Details

Elaborateone, Home Seller in East Point, GA

My wife and I both have our names on the deed to a home in GA but only my name is on the mortg. Can I sell the home without her permission?

Asked by Elaborateone, East Point, GA Wed Jan 27, 2010

If I can't sell, can I refinance the property.

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3
NO and No... she must agree to any and all factors affecting her title to the property.. good luck
0 votes Thank Flag Link Wed Jan 27, 2010
First, I do not know Georgia law. But, if it’s anything like Illinois, the answer would be no…you cannot sell it without her signature on the deed. It’s irrelevant who is on the mortgage. It has to do with who is on title to the property.

Now, that being said, is the property held “jointly” or as “tenants in common”. If jointly (i.e. joint tenancy or tenancy by the entirety), both signatures are required. If tenants in common, each of them can sell their proportionate interest (i.e. each can sell their half).
Web Reference: http://www.wilsonliving.com
0 votes Thank Flag Link Wed Jan 27, 2010
I'm not a lawyer, so this isn't legal advice. For legal advice, you need a lawyer. However . . .

No. If your wife is on the deed, she's an owner. You can't sell her portion without her permission.

Check with a lender regarding refinancing.

Also, if you can explain what you're trying to accomplish--what the situation is--we may be able to provide other suggestions that will get you from Point A to Point B.
0 votes Thank Flag Link Wed Jan 27, 2010
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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