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Joint Tenancy/Tenancy in Common in Illinois

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I

Ivanova

Guest
My father's home is currently held with his daughters in Joint Tenancy WROS. Is it possible to change that to Tenancy in Common without the consent (or signature) of each and evey joint tennant?
 


T

Tracey

Guest
Yes, one joint tenant can arbitrarily declare that ownership be changed to TIC. You may have to sue to partition the house by sale. See a local real estate lawyer about how to change ownership.

BTW, what's wrong with JTWROS? The only differences are that a TIC share in a house passes through probate (and pays probate fees) and that TIC shares can be unequal.

Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
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