Does one joint tenant's execution of a quit claim deed sever the joint tenancy and give full rights to the other joint tenant?

Asked almost 4 years ago - Fair Lawn, NJ

My friend and her brother have a deed to an apartment in NY as joint tenants with right of survivorship. My friend wants her brother to sign over his share of the apartment to her in exchange for consideration. Should her brother sign a quit claim deed to his share in the apartment to accomplish this? If not, how should they sever the joint tenancy? My friend wants to be the sole owner of the apartment. They also have a mortgage in both of their names. Do they need to do something legally with that as well or is that a matter of contacting the mortgage company and having them remove the brother from the mortgage?

Additional information

Please provide answers under NY law

Attorney answers (1)

  1. Mary Tom

    Contributor Level 14

    Answered . Your friend should consult an attorney of her choosing to assist in the transfer of the property from her brother and her to her only. More than a quitclaim deed made be required. Your friend should also contact the mortgage company. A transfer of the deed may create a default under the mortgage obligation. The mortgage company is under no obligation to release her brother from the mortgage just because he is not on the deed.

    Good luck.

    Mary Tom, Esq.
    Hunziker, Jones & Sweeney, P.A.
    155 Route 46 West
    Wayne, NJ 07470

    This message does not constitute legal advice, nor does it establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. For legal advice, please contact and retain an attorney of your own choosing.

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