Can one joint tenant sell their interest in property without the other joint tenants authorization in New York?
Question Details: My father added my name onto his proerty title as a joint tenant with right of survivorship in 2000. In 2008 he sold the property to my brother for $1.00 without my knowledge or authorization. Is this legal in the state of new York? My father passed this year; do I own the house outright or does my brother own 1/2 of the house?
You need to ask a New York atty. Bill Budigan 206 284-5305
You'd have to have a New York attorney look at the two deeds (2000 and 2008) and review any other important facts, for a reliable opinion on this. One place to look for lawyers in another state is our website, http://attorneypages.com
Based on what you've said, it sounds like the 2000 deed made you a joint tenant with your father, and made him a joint tenant with you. So, since a person can't transfer something they don't own, all that your father sold to your brother was his interest. In many states, when joint tenant sells to someone outside the joint tenancy, this turns it into a tenancy in common, so it sounds like you and your brother each own half of the house.
