Can I partition for sale property that I own with my brother in a joint tenancy with full rights of survivorship?

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Can I partition for sale property that I own with my brother in a joint tenancy with full rights of survivorship?

Asked on November 13, 2013 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have what is called "concurrent interests" in the property and as long as you did not in some way waive your right to partition (check the Will or Trust and the conditions that may have been placed on ownership), then yes, you have an absolute right to partition. You should consider maybe buying him out as an option as well.  It may avoid legal fees and hard feelings. Good luck.


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