Can I have my part of jointly property put into my name?

UPDATED: Oct 15, 2019

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Can I have my part of jointly property put into my name?

Our mother did not leave a Will. The property was put in mine and my sister’s names. I’m the only one living living on the property and have been for 25 years. Can I have the part that I live on put in my name only and

taken off the rest of the property?

Asked on October 15, 2019 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, unfortunately you cannot without your sister's consent (that is, agreement), since the only way to do that would be to partition, or divide up, the property. Even if the property would be divided as a practical matter, doing so affects the other owner's interests in the property, since she currently has an ownership interest in the whole thing. You cannot reduce or affect another person's ownership interest without her consent.

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 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.

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