If I own 50% of my house, can the owner of the other 50% sell part of the original property without my consent?
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If I own 50% of my house, can the owner of the other 50% sell part of the original property without my consent?
And can they profit off the property without giving me any of the proceeds?
Asked on September 24, 2015 under Real Estate Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It depends on just how title was held. If it was as "joint tenants with rights of survivorship", then no the other owner could not sell a portion of the land withour your consent. However, if it was held as "tenants in common", then yes, they could convey their share or a portion thereof without your consent.
You will need to check the deed. It should either say your names as "joint tenants with rights of survivorship" or it will just list the names without any designation which the law implies as tenants in common.
If you have any further questions, you can consult directly with a local real estate attorney.
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