Posted on: 13th Oct, 2010 06:36 am
If a property is held in two name by joint tenants with the right of survivorship, hence neither party owns the right in the property until the death of the other. If one party of the joint tenant with the right of survivorship quitclaims the property to themself while both parties are alive and attempts to change how the title the property is titled to joint tenants in common without the 2nd's party consent what is the legal effect.
Is this act a nullity and the property remains in joint tenant with the right of survivorship since both parties failed to execute the quitclaim deed?
Does the person that attempted to change the deed lose their rights in the property since the quitclaim was not executed by both parties?
Can a right of survivorship be destroyed by one party when the property 100% ownership of the property has not vested and is held in two names, if so how.
Can the title with right of survivorship by one party eliminate the other parties right to survivorship merely by quitclaiming the property back to yourself by a deed of tenants in common?
Where can I research this?
Is this act a nullity and the property remains in joint tenant with the right of survivorship since both parties failed to execute the quitclaim deed?
Does the person that attempted to change the deed lose their rights in the property since the quitclaim was not executed by both parties?
Can a right of survivorship be destroyed by one party when the property 100% ownership of the property has not vested and is held in two names, if so how.
Can the title with right of survivorship by one party eliminate the other parties right to survivorship merely by quitclaiming the property back to yourself by a deed of tenants in common?
Where can I research this?
hi brendafam,
unless both the parties agree, the ownership of the property cannot change. if both parties don't agree, the quit claim deed can't be signed. however, the person who attempted to change the deed won't lose his or her claim over the property. however, it's always better to contact an attorney and take his opinion in this matter.
thanks
unless both the parties agree, the ownership of the property cannot change. if both parties don't agree, the quit claim deed can't be signed. however, the person who attempted to change the deed won't lose his or her claim over the property. however, it's always better to contact an attorney and take his opinion in this matter.
thanks