Posted on: 23rd Oct, 2008 11:55 am
My father and step mother signed a Joint Tenancy Warranty Deed and paid $10.00 to bargain, grant, sell and convey to themselves and myself as joint tenants and not tenants in common with the right of survivorship the whole estate (land) .
My father has since passed on.... can my step mother change this or give or sell to someone else, with my name on the warranty deed without my knowlege or approval.
We are in Oklahoma
My father has since passed on.... can my step mother change this or give or sell to someone else, with my name on the warranty deed without my knowlege or approval.
We are in Oklahoma
Hi Aracely!
Welcome to forums!
Your step mother can sell her share of property but she cannot sell of your portion of the property. But you should also note that, once your step-mother sells her portion of the property, the joint tenancy is severed and it is changed into tenancy in common.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
Your step mother can sell her share of property but she cannot sell of your portion of the property. But you should also note that, once your step-mother sells her portion of the property, the joint tenancy is severed and it is changed into tenancy in common.
Feel free to ask if you have further queries.
Sussane
If my stepmother sells her portion you said the joint tenancy is severed and it is changed into tenancy in common. What does that mean?
Also what if she does not sell, if she gives her portion to another family member or friend? Is it the same.
Also what if she does not sell, if she gives her portion to another family member or friend? Is it the same.
Any conveyance by your stepmother to another party would sever the joint tenancy and create a tenancy in common. This means that there is no longer a right of survivorship - you would each own a 1/2 interest and when one party dies, their 1/2 interest would be passed according to their will, or according to state law if they have no will.