Riverside, CA asked in Elder Law for California

Q: Can a home be sold without a joint owners agreement?

My father has Dementia and does not want his house sold..his wife's family listed it without his knowledge

Related Topics:
2 Lawyer Answers
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Elder Law Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Not without some authority granted to the other owner. She would need to hold a conservatorship of him from a court, or a Power of Attorney that he signed when he still had the capacity to do so. If the house was held in a Trust, then the Trust might grant her authority over the property, depending on the way the Trust was written.

James Edward Berge and Sally Bergman agree with this answer

James Edward Berge
James Edward Berge
Answered
  • Elder Law Lawyer
  • San Jose, CA
  • Licensed in California

A: No. If property is held in joint tenancy or tenants in common or community property (any form of joint ownership), all owners must agree on the sale of the property. If your father has dementia and cannot act for himself, it's certainly possible that he may have previously authorized someone to act on his behalf through a valid durable power of attorney or a court may have done so through a conservatorship proceeding.

Sally Bergman agrees with this answer

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.