Q: My brother and I are both listed on the deed for the land. Do we have equal rights to the property?

A: Yes. You each have an equal interest in the property. The deed can be written in one of two ways. Well, three ways, actually.

It can read that you hold title as tenants in common, in which case each of you holds an undivided one half interest. Under this form of ownership, either of you can sell your half to a total stranger, without the other's consent, and when either of you dies his share passes to his next of kin or to whomever he may have left it to in his will.

Or ii can read that you and your brother hold title jointly with right of survivorship, which means that upon the death of the first of you to die title passes to the surviving brother.

Finally, the deed can read just to you and your brother, without any qualifying language, in which case it will be interpreted as a tenancy in common, without right of survivorship, since survivorship will not be assumed.

SInce the fact that you have even asked the question suggests that trouble may be brewing between you and your brother, I will add that either of you can sue the other in a legal action for what is called partition, in which case the property will be physically divided with each of you receiving equitably one half of the property, OR if the judge decides that the property cannot be equitably divided, then it will be auctioned off on he courthouse steps and the money divided between you, but be very careful if you consider that route, and make sure you hire the very best real estate lawyer you can find, because such an action can take some unpleasant twists and turns that could cause the brother who commenced it to wind up pretty unhappy.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.