Joint Tenancy to Common

[cootieaz]

arizona -
If you are currently involved in a joint tenancy, what is the procedure for changing to a common tenancy? Does the other parties involved in the joint t. (relative), need to agree.
Thanks, cootieaz

[seniorjudge]

Q: If you are currently involved in a joint tenancy, what is the procedure for changing to a common tenancy?

A: All the joint tenants (and, if required by state law, their spouses) join in a deed to themselves indicating that the grantees are tenants in common.

E.g., John Doe and Mary Doe, husband and wife, and Rick Roe and Rena Roe, husband and wife, to John Doe and Mary Doe, husband and wife, and Rick Roe and Rena Roe, husband and wife, as tenants in common and NOT as joint tenants.

[divgradcurl]

Originally Posted by cootieaz

arizona -
If you are currently involved in a joint tenancy, what is the procedure for changing to a common tenancy? Does the other parties involved in the joint t. (relative), need to agree.
Thanks, cootieaz

No. Any one joint tenant can break the joint tenancy with respect to themselves, either by conveying their interest to a third party, or by conveying their interest to themsevles (usually via a quitclaim deed). Nobody has to "know," although the recording of the conveyance is public record if anyone decided to search for it.

If A and B hold a property in JTWROS, then, for example, A could quit-claim his or her interest to himself, then A and B would hold the property as tenants in common. Or A could convery his or her interest to C, than B and C would hold the property as tenants in common.

If A, B and C hold a property as JTWROS, and if A quit-claims his interest to himself, then A would be a tenant-in-common with B and C, who would still be JTWROS with each other.

Note that any mortgages or liens on the property may become due or be otherwise impacted by such a change in deed.

[seniorjudge]

Originally Posted by divgradcurl

...
No. Any one joint tenant can break the joint tenancy with respect to themselves, either by conveying their interest to a third party, or by conveying their interest to themsevles (usually via a quitclaim deed).
...

Absolutely agree; I edited my answer to show which question I was axing.

[cootieaz]

To seniorjudge & divgradcurl,
Thank you for your replies, greatly appreciated.
Ciao, Cootieaz