Q: Can joint tenant w right of survivorship sell their share to 3rd party?
I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?
A:
If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.
You will definitely need a lawyer for a partition action to force the sale of the property. The process is complicated and requires a specialized knowledge of the laws and legal system.
You are entitled to enter the property at any time that you wish as a co-owner of the property. If the other owner excludes you, the may be responsible for paying you a reasonable amount of money for the exclusive possession of the property.
Schedule a free consultation to make sure your interest in the property is protected.
Anthony M. Avery agrees with this answer
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A: You can convey your interest, but it is not one-half. Assuming you have correctly stated your estate, you own an expectation of being the surviving tenant and taking the whole, subject to the secured debt. Otherwise your interest is extinguished. Hire a GA attorney to draft your deed if you get a buyer, which I doubt will want to pay alot. A Sale For Partition might work if there is sufficient equity.
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