Can rights of survivorship be removed from a deed without consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can rights of survivorship be removed from a deed without consent?
Also, can my name be removed from the deed without my consent? Mother wanted us to live together in a free and clear house with rights of survivorship. We have lived together for 9 months and now she feels unhappy. She signed a contract to sell the house without my knowledge. We do not want this to happen. I have Durable POA but have not been involved in her financial affairs until this point.
Asked on May 23, 2011 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to consult with a real estate attorney about this situation, to determine exactly what your rights and recourse are. If you were properly given a right of survivorship, then no, it cannot be taken away without your consent once you were given it--it was *your* right, and you had a property interest or right in it. Similarly, a person's name can't be unilaterally taken off a deed without the person's consent. The key issue may be what exactly were you given, and were you given it in the correct, legally enforceable, fashion. That's why you need to consult with a real estate attorney, bringing with you the deed and all related paperwork and correspondence. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.