If abrother and sister own a2- family house and the sister wants to transfer her half to her daughter withouther brother’s consent, can she?

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If abrother and sister own a2- family house and the sister wants to transfer her half to her daughter withouther brother’s consent, can she?

The sister has leins against her.

Asked on January 23, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If two siblings own a half interest in a residence and one sibling wants to transfer her share in the property to her child, unless there is some contract between the two siblings preventing the transfer the one who wants to do the transfer can do so to her daughter without the consent of the other owner.

Typically this is accomplished via a grant deed or a quit claim deed. I suggest that the person who wants to make the transfer consult with a real estate attorney about the transfer so that documents are properly drawn up.


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