Can a co-owner sell property without the other owner's permission?

Full question:

I bought a piece of property with another individual we have a notarized paper that we bought it from a gentleman the other party has went and sold the property without my permission is that legal

  • Category: Misc
  • Date:
  • State: Texas

Answer:

If you co-own property, whether it's real or personal, the rules about selling it depend on how the ownership is structured. For real property, there should be a deed. If it’s personal property and titled as "John Doe AND Mary Doe," both signatures are typically required to sell. If it’s titled as "OR," one signature may suffice, but usually both would sign.

You may have a legal claim against your co-owner for selling the property without your permission. You could seek to have the sale reversed, but pursuing this might be costly, potentially more than the property's value. Small claims court might be an option if the amount is within their limits.

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

Notarization is not always required for a document to be legal, but it can add an extra layer of authenticity. Certain documents, like wills or real estate deeds, often require notarization to be enforceable. However, many agreements can be legally binding without a notary, as long as they meet the necessary elements of a contract, such as mutual consent and consideration.