QUESTION
I have joint tenancy with rights of survivorship with my mother. Can she quit claim her interest to someone else before she dies?
Asked on Jul 09th, 2013 on Estate Planning - California
16 ANSWERS
Yes. A joint tenancy can be terminated by a writing showing that there is no intention of retaining the joint tenancy form of ownership. A quit claim deed would cause the end of the joint tenancy and create a tenancy in common.
Answered on Jul 14th, 2013 at 10:00 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, generally, nor can she will her interest, as her actions would defeat the right of survivorship.
Answered on Jul 14th, 2013 at 10:00 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. Her interest is her tenancy. It would terminate upon her death. She cannot sever your rights in the property or change any other aspect of this, (such as the survivorship provision), without your consent.
Answered on Jul 14th, 2013 at 10:00 PM
3 Awards
Either joint tenant may convey their interest and sever the joint tenancy. It will then be held as tenants in common.
Answered on Jul 14th, 2013 at 9:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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In Oregon, "joint tenancy with right of survivorship" in real property was abolished. What you and your Mom are is co-tenants with cross-contingent remainders what is known as an "Erickson estate" after the Oregon Supreme Court case that created this type of ownership. Without research, I can't be completely positive, but I think your answer is that your mom can quit-claim her life tenancy, but she cannot destroy the survivorship interest. So, all the grantee in her deed gets is the co-tenant's rights to the property while your mother is alive.
Answered on Jul 14th, 2013 at 9:59 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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No. You both have to sign any deed on the property.
Answered on Jul 14th, 2013 at 9:58 PM
Thomas Edward Gates
Yes, she may replace her interest by another party. The real property is currently owned by the parties 50%-50%. She can sell her 50% interest to another party.
Answered on Jul 14th, 2013 at 9:58 PM
2 Awards
Yes. It is called severance of the joint tenancy.
Answered on Jul 12th, 2013 at 12:01 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You both would have to sign a deed to transfer any interest.
Answered on Jul 12th, 2013 at 10:26 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes and no, she can quit claim her rights existing until her death, at which time the property is owned solely by the survivor.
Answered on Jul 12th, 2013 at 10:22 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Except in Michigan, yes. Now if the deed just says joint tenants and doesn't say with rights of survivorship, then in Michigan she can do it as well.
Answered on Jul 12th, 2013 at 10:22 AM
If she and the property is in Colorado, then yes she can.
Answered on Jul 12th, 2013 at 10:19 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Not as long as your interest is recited on a deed recorded with the register of deeds in Michigan first.
Answered on Jul 12th, 2013 at 10:16 AM
Yes, but it wouldn't really change anything much regarding who gets the property at the first death.
Answered on Jul 12th, 2013 at 10:12 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Yes. A joint tenancy does not restrict in any way one's right to transfer their interest in the land. If such a transfer occurs, you and the grantee would hold the property as tenants in common.
Answered on Jul 12th, 2013 at 10:04 AM