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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37088
Experience:  16 years real estate, Realtor. Landlord 26 years
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In Ct can one person sever the right of the other without their

Customer Question

In Ct can one person sever the right of the other without their knowledge in joint tenancy with rights of survivorship?
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
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Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Yes, the person who wanted to terminate the joint tenancy could execute a quitclaim deed from themselves to another person (often called a "strawman") transferring their interest in the property to that person. This would automatically sever the joint tenancy and convert it to a "tenancy in common" where each person owned 50% of the property and it would descend to their heirs if they passed. That person would then re-convey the property via another quitclaim deed back to the original owner and then they and the other original owner would own the property as tenants in common..There is no notification required to the other owner and they would only be aware that this happened if they researched the local property records and saw the two quitclaim deeds...thanksBarrister
Customer: replied 2 years ago.
I dont quite understand I have this arrangement with my fiance and I saw that he was secretly looking up secretly severing joint tenancy with rights of survivorship?
Expert:  Barrister replied 2 years ago.
I can't opine as to why he might want to do this, only that either of you could do so if you wanted to. As joint tenants with right of survivorship if one of you passed, then the survivor would become the sole owner of the property automatically without the property having to go through probate..However, if the joint tenancy is severed and one of you passed, their 50% would descend through probate to their beneficiaries of a will or to their heirs under default state law if there was no will...thanksBarrister
Customer: replied 2 years ago.
This is in the case of a break-up. I saw that he was reading sever the joint tenancy by destroying one of the four unities time, title interest and posession. In other words i was told that I am half owner legally but he is trying to leave me penniless
Customer: replied 2 years ago.
I was told he cannot evict me or kick me out of home and cannot sell the property without my signature
Expert:  Barrister replied 2 years ago.
Ok, you are legal owner of half the property regardless of whether he terminates the joint tenancy or not. He can't take away your 50% by terminating the joint tenancy. He can only prevent you from inheriting his half if he died, or him inheriting your half if you died...thanksBarrister
Expert:  Barrister replied 2 years ago.
And that is correct, you are a 50% owner....period. So he can't force you out unless you agree to move. He could force a sale by filing a "partition lawsuit" and getting a judge to order a sale of the property. But you would still receive your half of any equity in it if it was sold through court order...thanksBarrister
Customer: replied 2 years ago.
So basically the only thing he can do or I can do is bring a partition action? Or are you saying I can live in the home indefinitley? And how do i prove my equity? We have been together 8 years and Ive paid all household expenses so he we could save for the home? We have only lived here two years? I contributed $$ but5 he wrote the check we paid cash
Customer: replied 2 years ago.
Are you there?
Customer: replied 2 years ago.
Expert:  Barrister replied 2 years ago.
Correct. Unless he files a partition action and forces a sale, you have the right to live there indefinitely..Your equity is 50% of the equity since you are half owner..So if the house is paid for, if it sells, you get half the money...thanksBarrister
Customer: replied 2 years ago.
Thanks Barrister, You have eased my mind.
Expert:  Barrister replied 2 years ago.
You are very welcome. Glad to help. And there is no way he can prevent you from getting your half of the property and no way to force you out unless he goes to court and gets an order to sell the property ...thanksBarrister

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