Clarksville, TN asked in Real Estate Law for Tennessee

Q: Joint Tenancy with rights of survivorship

My daughter and I own a house, left to us by my father. Joint tenancy with right of survivorship. She was arrested and is facing serious charges. Her father bailed her out and took her to live with him until her trial. He seems to think that I am somehow infringing on her inheritance rights, but I haven't prevented her from being on the property. I am still allowed to live there, correct?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: Each Tenant has a complete right of possession. But someone has to pay the Taxes, Insurance, and Deed of Trust Note (if any). The Joint Tenancy Estate can now be destroyed by a conveyance by either Tenant, so that either will be a Tenant In Common.

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