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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42909
Experience:  Texas Attorney for 30 years dealing in real estate
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If two people are joints owners on a deed townhouse, can one

Customer Question

If two people are joints owners on a deed for a townhouse, can one add another to the deed without the other one's permission? My son recently married and wants to add his new wife to the deed I am 77 and want my share to go to my grandchildren. How do I protect them? Also can one borrow money and have a lien placed on the property without the other's consent? I live in Nevada.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.Here he has a one half interest here.If he adds someone it lowers his share to a one fourth and one forth to his wife.He can add her here.You may want to consider a suit for partition here if you want to force a sale to avoid this.Also he may be able to borrow against his share here, thats another reason to consider a suit for partition.

Anytime you have joint owners you have potential problems here.He can deed away his share or part of his share and may be able to borrow against it.Your remedy here would be a suit for partition, force a sale here and divide the funds.Either joint owner has that option.If you are afraid of this all you can do is force a sale with a partition suit.

Reference to suit for partition..

You are limited in what you can do here, you can force a sale and court orders a sale.This would allow you to buy him out or he buys you out or a third party buys it and you divide the proceeds.

I understand you are concerned here and rightfully so.A suit for partition would allow you the funds that are yours and provide for the grand kids.

I appreciate the chance to help you today.Please if you have more questions just ask it is never a problem.Thanks again.