Waynesburg, PA asked in Estate Planning and Real Estate Law for Pennsylvania

Q: Can a joint tenancy with right of survivorship be severed by one party without consent of others in PA law?

My husband owns property under joint tenancy with right of survivorship with his brother and sister. He wants to become a tenant in common so he can leave his assets to his wife when he dies instead of his brother and sister. Can he sever joint tenancy under PA law? If yes , how?? Can he do so without their permission or knowledge?

3 Lawyer Answers

Mark Scoblionko

Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: He cannot do so without their consent. He would need to file a formal suit for partition. He needs to consult a lawyer.

Jeff Hughes

PREMIUM
Answered

A: This can't be done without consent.

Trisha Festerling

Answered

A: A formal suit or partition would needed to be filed.

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