QUESTION
Can one tenant in common create a joint tenancy with rights of survivorship?
Asked on Apr 25th, 2024 on Real Estate - Michigan
More details to this question:
There are four tenants in common owning a parcel. One recorded a quit claim adding someone with rights of survivorship. Is this legal? If not, is the added grantee now a tenant in common or is the deed entirely invalid?
1 ANSWER
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IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees or heirs, the quit claim might be valid.
If there curretn tenancy does have a right of survivorship to the other JTs, the new deed is invalid.
Answered on Apr 29th, 2024 at 8:47 AM