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Deed

My wife before I meet her has 6.3 acres which she bought free and clear and put a duplex on it which was paid in cash also. She paid her father to handle the this transaction. With the agreement that her father may wish to put two more duplexs on the property. Well come to find out his name is on the deed as well as hers. He wants to logoff the property which we don't want him to do and he says he owns two parcels of the property. Their was no written agreement to this affect. Can he legally log off the property without her permission(her name is on the Deed) and can he sell any of the land or build on the property with out her permission?

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Now my father in law wants to to sell four acres of the property to pay off his debits. His contruction company is listed on the deed as well as his name and his wifes name as joint tenants with right of survivorship and not as tenants in common. He has threaten for her to sign off on these four acres or he will fill bankruptcy. Quistion is can she loose all the property with her duplex on it (the rents are her only source of income) if he goes ahead with the bankruptcy?
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Attorney answers (1)

Reputation Level 20
Depends on how their tenancy is structured. Chances are if one owner has a residence on the property, and the other owner wants to log it, those expectations are at odds with each other. You would do well to consult with an attorney in Shelton (I think) who handles real property disputes, have that person review the deed and the transaction when the property was purchased, who can give you an opinion regarding use of the property.

One tenant cannot sell without the agreement of the other tenant, and any land use applications would have to be agreed because (according to your facts) both of their names are on the deed. And just to make it more exciting, WA is a community property state, so theoretically you have an ownership interest in this property as well.

Time to go have an in-person consult with a real estate attorney. Hope this helps. Elizabeth Powell
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