Legal Question in Real Estate Law in Georgia
My wife, her father and myself are all on a joint tenancy deed. There are two houses on the property, my father-in-law lives in one and my wife and I live in the other. Her father recently got married and signed a new will allowing his new wife life time rights to live in the house. My understanding of a joint tenancy deed is that if he dies first, then his name is removed from the deed with a death certificate and my wife and I own both house and that overrides his wishes per his will. I also understand that no one can be added or removed from the joint tenancy deed unless all, in this case three, parties agree. I would also like to know if owning two-thirds or one third of the property makes any difference if he wishes to remove us from the property?
1 Answer from Attorneys
You are correct. And the percentage ownership does not make a difference; no owner may be removed with a transferring deed that would require consent from all owners.
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