Can you change a deed with joint tenancy with rights of survivorship thru a quit claim to terminate that for one of the parties?

Asked over 1 year ago - Cocoa, FL

my home was orginially deeded joint tenants with rights of survivorship. The other party filed a quit claim deed changing the wording and terminating the joint tenancy with rigts of survivorship. This was done without my consent or knowledge. Is it legal

Attorney answers (3)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . The other co-owner of your property cannot reduce your undivided 1/2 interest in the property without your consent. However, the other co-owner can convert the joint tenancy with the right of survivorship to a tenancy in common (no survivorship) without your consent by executing a deed. If you are unsure of your rights as a co-owner of property or if you want a review of your deed rather than a generic answer, you should consult an experienced real estate lawyer in your area.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . As a general rule, a joint tenant can "destroy" the joint tenancy by filing a deed as tenant in common or by conveying an interest in the property to another.

    I am not a FL attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Shawn B Alexander

    Pro

    Contributor Level 20

    Answered . I agree with the previous answer and the change would only be effective on the parties who signed the quit claim deed not the others. You should take what you have to a local lawyer if you need more information.
    Good Luck

    Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If... more

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