What restrictions are there on a joint tenant selling or gifting their share?

Can one joint tenant where the warranty deed states, “joint tenants during their joint lives and upon death of either of them then to the survivor of them and the heirs and assigns of such survivors”, sell or gift their interest in the property without the consent of the other joint tenant?

Asked on October 12, 2011 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In a joint tenancy situation the law in each state in this country holds that the survivor of the joint tenants (when the forst passes) ends up owning the entirety of whatever is held in joint tenancy.

Where there is a joint tenancy situation unless there is a recorded restriction as to transferring a particular person's interest in an item, one joint tenant can sell or gift his or her interest in the property to another person without the consent of the other joint tenant.

Many times where one joint tenant wishes to break the joint tenancy of an item being held in common, he or she deeds his or her one-half interest in the property back to himself or herself as a tenant in common and records the new deed transfer.

Good question.

 


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