Legal Question in Real Estate Law in Alabama

In 1998 my Fiance and I purchased vacant land in Moulton, AL. Both of our names are on the deed. We are no longer together & I want to sell my half of the land. How do I do this? I live in the Hunstville area.


Asked on 4/22/10, 9:19 am

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

The language of the deed is important here. If you and this person hold the property as tenants in commin you can simply sell your interest in the property to anyone you want. If you and this person hold the property as joint tenants with the right of suvivorship, you can terminate that joint tenancy by simply attempting to sell the property. The thing you must be careful of is a deed which contains what are called cross contingent remainders. If so, your ownership of the property is depends on the suvivorship itself. This can get a little complicated. You need to ask an attorney to review the deed for you and see what style of ownership you actually have.

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Answered on 4/28/10, 6:50 pm


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