Can rights of survivorship be removed from a deed without consent?

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Can rights of survivorship be removed from a deed without consent?

Also, can my name be removed from the deed without my consent? Mother wanted us to live together in a free and clear house with rights of survivorship. We have lived together for 9 months and now she feels unhappy. She signed a contract to sell the house without my knowledge. We do not want this to happen. I have Durable POA but have not been involved in her financial affairs until this point.

Asked on May 23, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to consult with a real estate attorney about this situation, to determine exactly what your rights and recourse are. If you were properly given a right of survivorship, then no, it cannot be taken away without your consent once you were given it--it was *your* right, and you had a property interest or right in it. Similarly, a person's name can't be unilaterally taken off a deed without the person's consent. The key issue may be what exactly were you given, and were you given it in the correct, legally enforceable, fashion. That's why you need to consult with a real estate attorney, bringing with you the deed and all related paperwork and correspondence. Good luck.


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