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In the state of Illinois do you need consent of all owners of real estate property to change the title ?

Asked over 2 years ago - Mchenry, IL

I have three brothers , my father passed away in 2008 and left the paid off house to the three of us . An deed was executed showing all three of us as tenants in common on the property . I just received a notice from the county that the title has recently been changed without my consent .

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Attorney answers (2)

Thomas Robert Siegel

Reputation Level 11

Answered over 2 years ago. Real Estate Attorney in Monmouth, IL.

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Any tenant in common may convey his interest in the property without the consent of the other tenants in common. However, each tenant may convey only so much of an interest in the property as that tenant holds. In short, therefore, any tenant may convey his own interest but not the interest of the other tenants in common.

Unless you and the other tenants in common can agree on the way the property is to be handled or utilized, you may wish to consider consulting with an experienced real estate attorney so that you can be educated as to exactly what your rights and obligations may be in your particular circumstance.

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Henry Repay

Reputation Level 15

Answered over 2 years ago. Real Estate Attorney in Belvidere, IL.

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Tenants in common own separate shares in the entire property and any of those shares can be separately conveyed. Usually, the interests are not marketable in that third-parties will not want to buy into co-ownership with the others involved, but certainly title can be changed by any of the owners as far as adding a spouse or conveying the interest to another family member or party who is willing to "co-own." Any owner can ask for the property to be partitioned, which may mean dividing it up if that is feasible (like farmland), but in the case of a home a request to partition usually results in the property being sold, sometimes to a third party or sometimes to some of the other owners. I would be pleased to advise you further.

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