Can a house be sold without a title?

Asked by: Dayton Lesch  |  Last update: November 15, 2025
Score: 4.1/5 (59 votes)

A deed and title are closely related — you need both to make a legitimate sale or transfer of property. Having a deed without a title is a bit like buying a new car without getting the keys.

Can you sell a house without the title?

In California, for example, the document of choice is a grant deed. When a seller signs over the house using a grant deed, they are making an implied guarantee that the title is good. Even if the buyer is willing to close, a cloud on the title can come back to bite the seller.

What happens when one partner wants to sell and the other doesn't?

In the event that negotiations are unsuccessful, the selling partner may file a partition action in court, which could lead to a division or sale of the property that is mandated by the court.

What happens if you can't find the title to your house?

If you weren't able to find your deed online, then your next step is to contact your County Recorder's Office. You can also pay them a visit in person. Here, you can speak with a customer service representative and request help locating and obtaining a copy of your deed.

Can someone sell your house without your signature?

Universally, both signatures are required to sell a home. If however, you own as tenants in common. one party could sell their interest to someone else.

Title vs. Deed: Don't Get These Legal Concepts Confused!

16 related questions found

Can someone sell my house without me knowing?

Deed fraud — also called home title fraud, title theft, or house stealing — is the illegal transfer and recording of a real estate title without the knowledge or consent of the legal owner. Criminals often target vacant properties — such as vacation homes — especially if the legal owner is deceased.

How to find out if someone sold their house?

How can I find out if a house has been sold? You can check out real estate sites to see what houses are for sale. To gather more accurate information, particularly about a specific address, visit your county recorder's office. There, you'll get information about the house that is usually available to the public.

How bad is a missing title?

If you buy a used car without a title, you might end up with a stolen car. And that's just one of many possible problems if you buy a car with no title. So unless there's a legitimate reason the vehicle has no pink slip (and there aren't many), don't make the purchase — it may even be illegal.

Who holds the deed to my house?

When a home is owned free-and-clear, the homeowner is the rightful owner and thus holds the deed to the house. However, if the homeowner is still paying a mortgage, then they technically do not fully own the house yet. In this case, the deed may be held by the mortgage lender.

How do you get around a no title?

Car without a title – How to get a bonded title
  1. Step #1: Check with your local DMV to make sure you are eligible.
  2. Step #2: Purchase a Lost Title Bond.
  3. Step #3: Turn your bond into the DMV.
  4. Conditions of getting a bonded title.

Can someone sell a house if your name is on the deed?

The person whose name is on the deed is the legal owner of the property. That means that they have the right to make decisions about the property – including selling it. However, that doesn't mean that you can just ignore a mortgage that is in someone else's name.

What is partner abandonment?

When an individual can't locate their spouse after making a reasonable attempt to find them. Also known as desertion. If you're a victim of spousal abandonment, you can select “unmarried” on your Marketplace application.

Can a person move into my jointly owned home without my permission?

Co-Owner's Right to Access the Property

A fundamental rule of co-ownership in California is that: “One of the essential unities of a joint tenancy is that of possession. Each tenant owns an equal interest in all of the fee, and each has an equal right to possession of the whole. Possession by one is possession by all.

How can a house not have a title?

If your home is being sold in a tax sale or foreclosure, the property may be sold with a Bargain and Sale Deed. This means that the seller doesn't need to clear title and there are no protections for the buyer. For example, if you've got liens on the property, they stay with it when you sell.

What can I do with a bill of sale but no title?

Tips to get a car title with your bill of sale.
  1. Go to your DMV with your bill of sale and any other required identification documentation. ...
  2. Buy a surety bond, which ensures your vehicle is clear of any problems, allowing you to be listed as the new owner. ...
  3. Secure a bonded title. ...
  4. Register your vehicle.

Who keeps the title to a house?

If you hold title on a property, you own it. A property deed is the legal document that officially transfers ownership of the property from its previous owner to its new one. When you buy a house, the seller (also known as the grantor) will sign this document, deeding the house to you (the grantee).

Who gets the deed after closing?

When closing on a home, you should receive a copy of your house deed when the title is transferred to you. You can also request an additional copy at any time through your County Recorder's office or Register of Deeds office (the official name may vary by location).

Can I claim a house that is not in my name?

Unless your name is on the deed, you have no ownership claim to the property at all.

Can you get in trouble for not having a title?

You can run into trouble buying a car without a title, even when it's legal under a state's laws. You'll need to obtain a title to register the vehicle, and driving without registration is illegal everywhere.

What happens if you lose your titles?

Every state has a process for issuing replacement car titles in the event yours is stolen. Check with your state's DMV to learn its specific requirements. Generally, however, you will need to fill out a title replacement form, provide identifying information for the vehicle, provide an approved photo ID, and pay a fee.

What qualifies for a lost title?

Common requirements to replace a car title
  • Specific details about the car. Relevant details include the car's year, make and model, as well as the vehicle identification number (VIN) and current license plate.
  • Odometer (mileage) ...
  • Proof you own the car. ...
  • Identification. ...
  • Title fees. ...
  • Lienholder information.

Can a realtor find out who owns a property?

Ownership is public record and relatively easy to determine from your tax assessor's office or website. Of course, ownership can be held in a trust or a corporation, and names of trustees or corporate officers could be hard to determine individually.

How do you know who bought the house?

17 Ways To Find The Owner Of A Property
  • Check Your Local Assessor's Office. ...
  • Check With The County Clerk. ...
  • Use Your Local Library. ...
  • Search Online Databases. ...
  • Leverage Your State's Parcel Maps. ...
  • Search For The Owner Online. ...
  • Look At Google Maps. ...
  • Consult A Real Estate Agent.

How do I find the seller of a house?

The seller's name will be listed on the disclosures the seller signed when they listed the property. Some agents upload the disclosures onto the MLS, or you can contact the listing agent and request the disclosures. A search of the address on the county appraisal district's website will also provide the taxpayer name.

How bad is home title theft?

Home title theft is real and can wreck a homeowner's life and finances. When someone gets a hold of your personal and financial information, they can take out new debts against your home and walk away with the cash or even transfer ownership.