If I co- own property as joint tenants with rights of survivorship and not tenants in common, can one of us rent or sell without the others permission?

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If I co- own property as joint tenants with rights of survivorship and not tenants in common, can one of us rent or sell without the others permission?

Asked on June 30, 2012 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, generally not.  When you hold property as joint tenants the law generally requires that all the joint tenants consent to the transfer of the property by one of the joint tenants. If you intend to transfer the property with out the consent of the other owner I would watch out and speak with an attorney as soon as you can. 


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