If I sign a quit claim joint tenancy right of survivorship deed, can the other party physically take the property from me or evict me,while I’m alive?

Asked on January 8, 2013 under Real Estate Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you quitclaim your sole ownership interest to a joint tenant (with rights of survivorship or otherwise), then no you cannot be evicted. The reason is that as long as you are the other joint tenant you still have ownership rights. Only upon your death will your fellow co-owner take sole title to the property. Although, they could move for what is known as a "partition" action which could affect your ability to stay on the property if it is ordered sold.

Another way to handle things is to transfer the title outright to this other individual and reserve a life estate for yourself.

Since both methods have pros and cons depending on your specific situation, you really should discuss all of this with an experienced real estate or estate planning attorney. There may be even more ways to accomplish what you want with this property.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you sign a quitclaim giving up your rights to a piece of real property and deliver that document to the person who is to get the property from you, the recipient can then record the quit claim in the county recorder's office where the parcel is located and demand that you get off that person's land since you no longer own it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.