Poughkeepsie, NY asked in Real Estate Law for New York

Q: Can I sell if the deed is in both names with joint tenancy with right of survivor ship and one party is in prison?

I live in Dutchess county, NY. How hard would it be and what would I need from the party in prison?

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2 Lawyer Answers
  • New York, NY
  • Licensed in New York

A: The prison issue is not relevant. You would need that party to sign the deed and closing documents. There is a notary in prison.

  • Montclair, NJ
  • Licensed in New York

A: Nope. He still has ownership rights that cannot be transferred away without his consent.

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