Canone co-owner sell property without the other owners’s consent?

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Canone co-owner sell property without the other owners’s consent?

About 10 years ago, my mother sold me half of her house for $1.00 and put both of our names on the deed. Is there any way that she can remove my name now from the deed or sell the house without my consent? She says she going to a lawyer to change things. She is 91 years old and I do suspect she is having some dementia issues, although she has not yet been diagnosed as such (but is showing signs of it of late). Will any changes be considered valid given her questionable state of mind?

Asked on August 30, 2010 under Real Estate Law, Massachusetts

Answers:

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

Answered 11 years ago | Contributor

It is very sad when the mind begins to fail.  Apart from the issue of the property, you should consider being appointed as the conservator of your Mother and her estate to insure that she is taken care of, as she may try and change other legal documentation as well.  You also do not want anyone taking advantage of her.

As for the property, no, she can not just change the deed and take you off.  You would have to sign the new deed as "grantor" as well as you mother to a new "grantee" and then file the new deed.  The attorney that she is going to go and see about this all will know how to explain it to her.  Good luck.

 


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