Joint tenants with right of survivorship help...
Joint tenants with right of survivorship help...
am 07.01.2006 05:27:53 von nnnnn
I own a property with my brother as a joint tenants with right of
survivorship. What do we need to do if I want to give him my part?
meaning...if i want him to Hold the title on his own?
please let me know
thanks
nn
Re: Joint tenants with right of survivorship help...
am 07.01.2006 12:56:40 von CalNeva
"nnnnn" <> wrote in message
news:
>I own a property with my brother as a joint tenants with right of
> survivorship. What do we need to do if I want to give him my part?
> meaning...if i want him to Hold the title on his own?
All you need to do is to record a new deed in the county showing that you
and your brother are the grantors and your brother is the grantee (see a
local title company). You may need to check any loan documents to make sure
that there are no issues.
>
> please let me know
>
> thanks
>
> nn
>
Re: Joint tenants with right of survivorship help...
am 08.01.2006 08:39:15 von steelvest
See a lawyer.
(S)he can draw the proper deed and record it.
Also there may be federal and state gift tax issues.
If there is a mortgage loan or lien on the property and you are jointly
and severally liable with your brother - a new deed will not change
this. Thus if the loan defaults, you could have to pay your share OR
all of it - and no longer have an interest in the property to sell to
help pay the debt.
SteelVEST
Re: Joint tenants with right of survivorship help...
am 11.01.2006 03:52:30 von nnnnn
we fully own a condo. we ar enot paying a mortgage, so there is no loan
issue...
what if one of us decide to sell the condo...does the other one has to
sign something or...?
thanks
Re: Joint tenants with right of survivorship help...
am 12.01.2006 02:38:14 von md
No, once the new deed is executed with your brother as sole grantee, he
will own all of it and your signature is not needed.
I agree you should see an attorney. It's cheap insurance.
MD
Real Estate Paralegal