Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can a joint tenancy be changed to tenants in common without…

Can a joint tenancy...

Can a joint tenancy be changed to tenants in common without the knowledge of the other owners. I live in Hawaii. I want to make sure the laws are the same or different my state?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Hawaii

Lawyer's Assistant: Has any paperwork been filed?

I don't know, my parents are trying to take their share and will it to my brother.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
10/23/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,639
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Can a joint tenancy be changed to tenants in common without the knowledge of the other owners. I live in Hawaii. I want to make sure the laws are the same or different my state?
.

Yes, any joint owner can sever the joint tenancy by deeding their interest to another person, the "straw man" and then having that person deed the property back to them. This ends the joint tenancy and converts it to a tenancy in common.

.

There is no legal requirement for one joint tenant to notify the other one that they are doing this..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
is there a way to stop it from happening?

Legally no, any owner has the right to change the form of their ownership so that they do not lose it upon their death and can leave it to their heirs..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,639
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
okay thank you
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,639
43,639 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,639 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Can a SC home sale be completed from out of state? The
Can a SC home sale be completed from out of state? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,639 satisfied customers
If a deed is written as a Joint Tenancy with Right of
If a deed is written as a Joint Tenancy with Right of Survivorship, can one of the parties change it to another form of ownership with the consent of another? Such as change it to Tenant in Common or … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,631 satisfied customers
We have a time share with interval ownership. The original
We have a time share with interval ownership. The original contract says in 2021 there will be a vote to decide to continue IO or change to Tenants in Common. We were trying to determine the differenc… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,554 satisfied customers
Lucy, good news they fixed the system they locked my credit
Lucy, good news they fixed the system they locked my credit card out....love to talk to u. I want to know if there's case law in regards ***** ***** statement that because there's a mortgage that my b… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,554 satisfied customers
30 years ago, my parents bought a house/property together
For BarristerAbout 30 years ago, my parents bought a house/property together with my aunt and uncle. They are all in their 60s now, with most, having major health issues.There are 2 homes on that prop… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,639 satisfied customers
My wife inherited 20% of a home from her mother. The deed
My wife inherited 20% of a home from her mother. The deed was changed just before her death buy a older brother that has lived there all of his 55 years. He is 60%. My wife and her other brother are b… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I tried to send question. this is what I typed. 26 October
I tried to send a follow up question. this is what I typed.26 October 2016 09:42 hello, are you still there? I have a followup question, there are two people still alive on this deed. one is no in ver… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,554 satisfied customers
In 2001, my mother transferred a Kentucky family farm by
In 2001, my mother transferred a Kentucky family farm by "Deed of Conveyance" to her four living adult children. Both my mother and brother (one heir) passed away a year ago but before my brother died… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,639 satisfied customers
I need a expert with Estate and Real Estate law in New York
i need a expert with Estate and Real Estate law in New York State. My mother recently died (April 2015) in Brooklyn New York. My brother, myself and her own a fully paid for house in "joint tenants in… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Three brothers inherited a house, in joint tenancy with right
Three brothers inherited a house, in joint tenancy with right of survivorship. One brother quit claimed his third to our sister, which I think makes her a tenant in common of one third. The sister's d… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,191 satisfied customers
I own property in my name only and if I refi with another
I own property in my name only and if I refi with another person they will be on the deed and I need to know what rights they will have I wiill be the first on this and the other will be second? will … read more
max713
max713
Lawyer, Mediator, Partner, and COO
Doctoral Degree
1,179 satisfied customers
I own 50% of a two family home..no mortgage..the deed was titled
I own 50% of a two family home..no mortgage..the deed was titled " joint tenants with right of survivorship" three years ago without my knowledge the other 50% owner deeded her 50% share to her daught… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
My brothers and I own a home in CA as joint tenants. Can
My brothers and I own a home in CA as joint tenants. Can one of my brothers take out a loan against his third of the property without our other two signatures? If he remarries, does his 1/3 ownership … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Who is versed in florida real estate law regarding one of the
Who is versed in Florida real estate law regarding one of the joint owners with survivor ship changing the Quit Claim title to common tenants upon her death to one of her sons where the previous deed/… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
my dad did a joint tentant with his name, his mothers name,
my dad did a joint tentant with his name, his mothers name, his sisters name and my name his daughter. So my aunt gave her interest away i understand that she can do that. however she gave PART OF her… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
In FL, deed between two unmarried persons states Tenants in
In FL, deed between two unmarried persons states Tenants in Common with Full Rights of Survivorship. Can this deed be changed if one party no longer wants it so and would prefer to leave interest in p… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,567 satisfied customers
I own a house in Colorado as a joint tenant with my two brothers.
I own a house in Colorado as a joint tenant with my two brothers. One brother is emotionally unstable and has been removing items from the house (stove; refrigerator). We are afraid he's trying to sel… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
in a joint tenant agreement between husdand and wife on a Deed.
in a joint tenant agreement between husdand and wife on a Deed. can one party change the deed to tenants in common without informing the second party ( keeping it a secret )and without the second part… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x