Charlotte, NC asked in Probate and Real Estate Law for North Carolina

Q: if my name is on the deed as right of surviorship as well as my daugher and her name is on the note - can she sell it

can she sell it without my permission we are in NC

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1 Lawyer Answer
Jake Andrew Snider
Jake Andrew Snider
Answered
  • Asheville, NC
  • Licensed in North Carolina

A: First, let me state that you should absolutely consult a competent and experienced real estate attorney in order to get certainty on this matter surrounding your particular deed and circumstances. My recollection from law school is that generally someone with a joint tenancy with rights of survivorship can sell their respective interest in the property, but whomever purchases from that person becomes what's known as a 'tenant in common' with the other owner. Essentially, you'll jointly own with whomever she sells to, but it will no longer have 'rights of survivorship.' I hope this gives you some direction; however, you should consult a lawyer directly about this matter and not rely on answers to questions here on this forum. Best of luck.

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