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

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2 Lawyer Answers

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

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

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