Providence, RI asked in Estate Planning, Real Estate Law, Divorce and Family Law for Connecticut

Q: Does a power of attorney allow someone to sign real estate documents for sale if joint owner of home is in jail in CT?

My husband and I are divorcing. We put our house on the market and it is scheduled to close on 5/1. He was arrested on 3/20 and is in jail because he has a $2million cash bond. Unless he changed the estate plan, I have POA. Can I sign for the closing/deed if he is in jail?

1 Lawyer Answer
Steven Basche
Steven Basche
  • Estate Planning Lawyer
  • West Hartford, CT
  • Licensed in Connecticut

A: If you have the original POA, with the actual original signature, and it has not been revoked, you could use it to sign the deed for your closing. You should check with your husband to verify that it has not been revoked, and you should give the original POA to your closing attorney for review. You should also check with your divorce attorney to make sure that selling the house does not violate the automatic orders in the divorce.

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