Q: My wife bought a condo before we got married and now we are renting it out. But my name isn't on mortgage paperwork.
There is no power of attorney at all. Do I have any legal right in signing my name on the lease agreement? My wife's health has deminished over last few years
A:
If your name is not on the Title (Deed) then your signature is not necessary to execute a valid lease. Talk to a lawyer, get a POA so if push comes to shove and you need to evict you have the authority to engage an attorney to do so on behalf of a spouse who may not be able.
Your signature is only required if there is going to be an outright transfer of the property.
A: You may sign as agent for your wife on the lease. The lease however should show that your wife is the lessor of the condo. I would urge you to have powers of attorney prepared for both financial and healthcare for your wife if she is still competent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
