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Can right of survivorship be "destroyed" w/out both parties' consent?

Atlanta, GA |

If 2 people inherit land w/right of survivorship (free & clear) & first party on deed was also previously executor of estate, does he later have the right to destroy survivorship clause on original Executor's deed w/a quitclaim deed w/o the second party's consent ? (This is in Georgia.) Thank you.

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Attorney answers 7

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I agree with my colleagues, as to Georgia law. In many other states, this cannot be done. In my state, for example, rights of survivorship cannot be destroyed or severed without consent of all parties. A court cannot partition such property, either. That makes setting up title in this manner a very serious consideration.

James Frederick

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Yes. A joint tenancy can be converted to a tenancy in common by one party's transferring his or her interest, even if the other party does not consent.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.


Yes-one person can change the survivorship to tenants in common(1/2 outright ownership).

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


I agree with Attorneys DiSalvo and Pippen. One party may execute and record a valid deed which will destroy the titling of "joint tenants with right of survivorship."

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Yes. This happens on a regular basis.

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It is possible to negate a right of survivorship with a properly drafted deed.

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A joint tenant with rot of survivorship could deed their interest in the joint property to another person or entity. The new owner would own the property as a tenan in common with the othe owner(s). This men's that when a co-owner dies the property will not pass by operation of law law to the remaining owner(s). Instead, the property will pass by will (if there is one) or pursuant to GA law.

Joint ownership can be tricky. I suggest spending a fe dollars on good professional advice.