Legal Question in Real Estate Law in New Jersey

can a 20% owner of a house sell their share of the houesewithout the consent of the 80% owner and change the title deed to another name


Asked on 2/21/10, 8:22 am

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Yes if there are no other contractual or deed restrictions. Owners holding unequal interests in real property are necessarily "tenants in common." One characteristic of a tenancy in common is the free alienability of every owner's interest.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/26/10, 10:05 am
Walter LeVine Walter D. LeVine, Esq.

I agree that it can be done unless there is some prohibitive language or agreement between the owners.

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Answered on 2/26/10, 11:57 am


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