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If I am selling to family member, what documents do I need?

If I am selling to family member, what documents do I need?

Q: Can someone sell a house if your name is on the deed?

No, if your name is on the deed, that person cannot sell the house without your consent. All owners listed on the deed must agree to the sale, as each has a legal interest in the property.

Q: What happens when one partner wants to sell and the other doesn't?

If one partner wants to sell the property and the other does not, they may need to negotiate a resolution. Options include buying out the other partner's share or pursuing legal action for partition, which can force a sale. Consulting an attorney can help clarify rights and options.

Q: Can a house under contract be sold to someone else?

Generally, if a house is under contract, the seller cannot sell it to someone else without breaching the contract. The buyer has a legal right to complete the purchase as agreed. If the seller tries to sell to another party, the buyer may pursue legal action for breach of contract.

Q: Can you sell a home to a family member below market value?

Yes, you can sell a home to a family member below market value. However, it’s important to document the sale properly to avoid tax implications or disputes. Be aware that gifting the property may have tax consequences, so consulting a tax professional is advisable.

Full question:

selling mom,s house to brother-in-law under contract for deed... do we need to complete a purchase agreement as well

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Minnesota

Answer:

A writing for the sale of land must contain at least an express statement of consideration, a description of the land, signed by the party to be bound, and the parties to the contract. The statute of frauds is a state law that requires certain contracts, and/or transfers of interest in real estate to be made in writing in order to be enforceable in a court of law. Cases have found a deed to be insufficient as a contract that satisfies the statute of frauds requirement. It is strongly recommended to complete a sales contract apart from the deed to specify the terms of the sale and avoid future litigation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can my ex sell the house if my name is on the deed?

If your name is on the deed, your ex generally cannot sell the house without your consent. Both parties listed on the deed have ownership rights, and a sale typically requires agreement from all owners. If your ex attempts to sell without your permission, you may have legal grounds to challenge the sale.

Can someone sell a house if your name is on the deed?

What happens when one partner wants to sell and the other doesn't?

What are the problems with a contract for deed?

Contracts for deed can lead to issues such as unclear ownership rights, potential foreclosure risks for buyers, and complications if the seller defaults. Additionally, if not properly documented, they may not meet legal requirements, leading to enforceability problems. It's crucial to have a written agreement that outlines all terms clearly.