if two people are on a deed as joint tenants, are both required to sign to add a 3rd person?

UPDATED: Oct 1, 2022

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if two people are on a deed as joint tenants, are both required to sign to add a 3rd person?

If a person A and person B are on a deed, and person B wants to add person
C to the deed as a joint tenant, do both person A and person B need to sign,
or can just person B add someone individually?

Asked on October 22, 2017 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they would both have to agree (and sign). Right now, to oversimply, the property is owned 50-50; e.g. were it to be sold, A and B would each get 50% of the proceeds. If C is added and the property is sold, A would only get 1/3 or 33%; therefore adding C reduces A's interest by essentially 1/3. But B does not have any legal right or authority to take a away part of A's interest in property without A's consent.

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