Charlotte, NC asked in Real Estate Law for North Carolina

Q: How do I legally sell a home where I am not on title?

Background- I want to sell my home, but my spouse is the only one on title. He left years ago and is residing in another country and hasnt been heard of since. He does not want to be found so I have no way of getting in contact with him. What are my options? Note- the home is currently in preforeclosure

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1 Lawyer Answer
Cameron Lambe
Cameron Lambe
  • Raleigh, NC
  • Licensed in North Carolina

A: If your spouse is the only one holding legal title, you may not have much of an option to sell the home. It is possible that you may have an interest in the home if your spouse purchased it while you were together, but an attorney would need to review the deed. There are different types of deeds which convey different interests in property, but it is unlikely that an educated seller (or lender) would be willing to purchase a property for anything less than a full warranty of ownership. I would strongly suggest consulting an attorney to help ascertain what interests you have, if any, in the home, potentially assist in tracking down your spouse to have him deed over the home to you, or even determine whether you are able to assert color of title due to your occupancy of the home. Good luck!

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