Legal Question in Real Estate Law in New York

Re: joint tenant with right of survivorship

You either need the consent of your siblings or must start a partition action, however the partition action will probably not succeed without the support of at least one sibling.

Re: joint tenant with right of survivorship

Normally, to convert joint tenancy ownership of real property into a tenancy in common, one would use a deed, though other documents and even unilateral acts by one tenant could cause the same result through what is called a "severance." What would be right in your situation requires a detailed analysis of all relevant facts. While converting joint tenancy into a tenancy in common would enable your spouse to inherit your share, its value to your surviving spouse may depend on various factors common to joint ownership situations (risk of disputes with other joint owners, risk of partition lawsuits, etc.). You should also be aware of gift, estate and income tax consequences of any transfers of real property. Finally, if the property has an outstanding mortgage loan, you would probably need the consent of the lender before conveying interests in the property. Consult an attorney to get these questions answered based on your specific situation.

The above reply is in the nature of general information, is not legal advice and should not be relied on.

Re: joint tenant with right of survivorship

I do not believe you can unilaterally make the deed change you propose. Which means, you will need the consent and deed transfer to be executed by yourself and your two sibs, holding title.

Please note that the change you propose, would deprive your sibs of their share and interest in your deceased parent's property, in the event they survive you.

Thus, if you are unable to obtain your sib's consent and agreement to give up their interests (without payment), it is also unlikely a Court would order such a "deed change" on several grounds.

Good luck,

Phroska L. McAlister,ESQ