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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101939
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I bought property with my mother in virginia as co-owners and

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I bought property with my mother in virginia as co-owners and JTWROS, with General Warrenty and English covenants under the note and security instrument (contract). All rights were expressed in the deed, as they were as prima facie evidence. Can my mom transfer and gift a portion of her interest that WE own, with another in secret?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Yes. Just because you are joint tenants does not mean that she cannot convey her portion of ownership to someone else. Joint ownership with right of survival means that if A dies, B inherits A's property interest automatically. But while A is alive, A can convey her interest to C without B's permission. If so, then B and C then become tenants in common. This may be unethical, but it is not illegal. You still own half of the property, of course. And if you and C (you are B, in the above scenario) cannot agree as to what to do with the property, you can PARTITION it and possibly have it sold or bought out. Let me know if you are interested in this option and we can talk about it. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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