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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53949
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In chocktow ok. If one of the three joint tenent with rights

Customer Question

In chocktow ok. If one of the three joint tenent with rights of survival decides to Quitclaim convey/sell her 1/3 portion to her 3 children, first does she need to have the consent from the 2 remaining joint tenants to do this, or would this be an acceptable tranfer even without there knoledege? Separate question to the same deed. if one was To quitclaim there share especially to 3 people, this can no longer be considered a joint tenancy without each of them having equal shares Therefore it becomes a tenent in common and loosing the servival rights, is this correct? if so does it hold true for all 5 now on this deed or just the 3 new party's that now have 1/3 ownership and leaving the other two with the same survivor rights when the otherone dies
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Richard replied 9 months ago.

Good morning Desiree. My name is ***** ***** I look forward to helping you.

Any joint tenant can terminate the joint tenancy with right of survivorship by transferring his/her interest to a third party. This does not require the consent of the other co-owners and only terminates the joint tenancy with survivorship rights of the interest being transferred. The joint tenancy with survivorship rights of the other co-owners remains intact; the only change is that the ownership transferred is converted to one of tenants in common.

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