Me and my sister were willed a home so the home is in both of our names but im wanting to sell the property and have not been able to contact my siste

Asked by Ryan Spaulding, Phoenix, AZ Wed Jan 1, 2014

Me and my sister were willed a home so the home is in both of our names but im wanting to sell the property and have not been able to contact my sister for sometime, is there a way to sell the property in her absence and is there a way to take out loans as well on the property for improvements with the intentions of selling

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Raoul Lousta…, Agent, glendale, AZ
Sat Jan 4, 2014
Hello Ryan

i think you need to contact a lawyer and he might be able to give you some options

that might work for you selling the home, getting a loan probably will not work

thanks have a great day
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Fred Herman, Agent, Staten Island, NY
Thu Jan 2, 2014
how did her name get on the deed without her signing documents to transfer title???
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Rebecca Kall…, Agent, Gilbert, AZ
Thu Jan 2, 2014
You can't really do anything with the property, selling, borrowing against, ect... without the consent of your sister. She would be as much of a part of the process as you would.
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Mack McCoy, Agent, Seattle, WA
Wed Jan 1, 2014
How do you know that the home is in both of your names, Ryan?
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Jennie Miller…, Agent, Phoenix, AZ
Wed Jan 1, 2014
Your sister will need to sign the final documents at the closing table when the home is sold. You can list the home for sale but the sale will not be finalized she signs. You won't be able to take out any loans that use the house as collateral without your sister's signature.
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James Wehner, Agent, Scottsdale, AZ
Wed Jan 1, 2014
Unfortunately you wouldn't be able to sell the property with out all of the legal owners agreeing to it.

It may be best for you to seek legal counsel. An attorney could advise and take action on your behalf to connect with you sister or legally bring action to have her removed from title.

James Wehner
West USA Realty
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Doug McVinua, Agent, Gilbert, AZ
Wed Jan 1, 2014
The answers below are pretty clear and I agree that your sister would be involved in a new loan and or sale.

Would you like me to reach to her for you? Sometimes as a neutral 3rd party it works to get cooperation.
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John Dusenbe…, Agent, Peoria, AZ
Wed Jan 1, 2014
Hello Ryan,

First I would like to say that I am sorry for both you and your sisters loss. Matters such as this are best handled first by consulting an attorney. You should also think about consulting an accountant regarding any tax or financial issues and do not forget to talk to your insurance agent. Best of luck.

John Dusenberry
West USA Realty
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Sean Heideman, Agent, Phoenix, AZ
Wed Jan 1, 2014

The easiest way to sell or obtain a loan would be to get in contact with your sister and convince her to sell or take out a loan. Another option which is much more complicated is to file a quite title lawsuit to have your sister removed from the deed so that you can sell or obtain a loan. You will need to discuss this option with an attorney and I am not able to give you legal advice.

We work with some great real estate attorney's that we can refer so that you can get this accomplished. Please give me a call if you would like to hear more about this option and to obtain a referral to a few lawyers.

Sean Heideman, Designated Broker
Position Realty
Office: 480-213-5251
Fax: 866-232-2256
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James Nessler, Agent, Phoenix, AZ
Wed Jan 1, 2014
Your sister would have to approve a Sale of the property. If both names are listed as legal owners of the said property, both names would appear on the Contract to sell the home. As far as taking out a loan to repair the property, again, it would need to be in both names. It would be easier to do all repairs yourself, keep all receipts, and when the home is listed for sale, make sure your sister knows how much in total you spent on repairs. Call me with any questions. Jim, 480-322-4516
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Fred Shocklie, Agent, Peoria, AZ
Wed Jan 1, 2014
The general answer is that yes both are needed for loans or to sell the property. You have a complicated situation but not am impossible one. With more information, we may be able to find a solution to accomplish your end goals. I work with inherited property and the associated issues and would be happy to help you figure out next steps.

Please call my office if you like further assistance, 602-330-1840.

Fred Shocklie
0 votes
Justin Schle…, Agent, Glendale, AZ
Wed Jan 1, 2014
Hi Ryan.,.

If both of your names are owners of record now, then both would have to be involved on obtaining any new loans (regardless of their purpose) and for selling the home.

We work with estate situations all the time and have legal representation we could refer if you needed assistance in settling everything.

Feel free to give me a call @ 623-203-2264.

Thank you,

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