- August 20, 2017
- Posted by: U.S. Title Records
- Category: deed, property deed, PROPERTY TITLE SEARCH
Question: If two people have a deed with equal right and rights to survivorship but are not tenants in common can one party sell their share without the others signature in the state of Nebraska. If so how the county clerk said it cannot be done so did the abstract company . I need to be sure because the other party filed a quit claim dead with someone selling his share and In was locked out of he property. I pay all the tax etc.and have a lot to.lose if this was a legal sale.
Answer: Generally, a co-owner has to litigate a partition and sale in order to force the sale of the property, but it depends on all the facts and circumstances surrounding the property and owners. We recommend consulting a real estate attorney in your area. Many attorneys provide free initial consultations to help you decide how to proceed. Please let us know if you need a referral list