If property is deeded to a husband and wife in joint tenancy, can the husband quitclaim deed his share?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If property is deeded to a husband and wife in joint tenancy, can the husband quitclaim deed his share?
To his children from a previous marriage; the wife has no children.
Asked on April 5, 2011 under Real Estate Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The answer is "yes". A joint tenancy is a type of ownership of real (or personal) property by two or more persons in which each owns an undivided interest in the whole. In order to sell the property as a whole, all joint tenants would need to agree. That having been said, one joint tenant may sell their interest in the property (not the entire property) without the other joint tenant's permission. However, they would need to find a buyer who is willing to share the use and possession of the property with the other tenant. If a joint tenant's interest is sold, the new owner and exisiting owner would become "tenants in common".
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.