Removing Joint Tenants Name Without Their Consent
Full Question:
Can one of the joint tenants with rights of survivalship on a warranty deed remove the name of the other person without their consent?
04/14/2009 |
Category: Real Property ยป Deeds |
State: ALL |
#15992
Answer:
Each joint tenant has an equal, undivided interest in the whole property. Each joint tenant may enter onto, take possession of the whole, occupy, and use every portion of the common property at all times and in all circumstances. All joint tenants, and their spouses, must sign deeds and contracts to transfer or sell real estate. If one joint tenant files a partition suit against the others, and the partition is granted, the joint tenancy is severed and one tenant's interest may be transferred without the consent of the other tenants.