• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

New York: changing title from joint tenancy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

BBruce45

Junior Member
What is the name of your state? New York.

Is it possible to change title from joint tenancy to tenants in common without the consent of the other party. We are single individuals, not married. Thank you.
 


S

seniorjudge

Guest
BBruce45 said:
What is the name of your state? New York.

Is it possible to change title from joint tenancy to tenants in common without the consent of the other party. We are single individuals, not married. Thank you.
No; every party on the deed must agree to the change.

If you want, you can have a forced sale (partition) lawsuit and get the property sold at the courthouse steps.

Anyone can bid, even the current owners.

Cheap partition lawsuits cost $5K.
 

HomeGuru

Senior Member
seniorjudge said:
No; every party on the deed must agree to the change.

**A: not true. A conveyance of interest by one joint tenant (approved or not approved by the other joint tenant(s) automatically creates a tenancy in common tenancy. For clarification; the title and titleholders remain the same and the tenancy changes.
 
S

seniorjudge

Guest
HomeGuru said:
seniorjudge said:
No; every party on the deed must agree to the change.

**A: not true. A conveyance of interest by one joint tenant (approved or not approved by the other joint tenant(s) automatically creates a tenancy in common tenancy. For clarification; the title and titleholders remain the same and the tenancy changes.
You are correct. I should've made it clear that I was assuming that OP wanted both names as they are now on the deed and to change the JTWROS to tenancy in common.

I suppose he could do that if he would convey his interest to a straw man (thus destroying the joint tenancy) having the straw man deeding it back to him, but that seems awfully risky.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top