Legal Question in Real Estate Law in New York
can 1 joint tenant sell a property without the other's knowledge or presence at signing? If they do try this, what is the other tenant's recourse?
Asked on 12/04/09, 2:27 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
"[A] joint tenant may convey his interest in the joint property during his lifetime, thereby severing that interest from the joint holding" (Schrier v. Tax Appeals Tribunal of State of New York 194 A.D.2d 273, 606 N.Y.S.2d 384 [3rd Dept. 1993]; see also, Minieri v. Knittel 188 Misc.2d 298, 727 N.Y.S.2d 872 [NY Sup. 2001]).
However, a joint tenant may not sell YOUR rights to the property. For recourse, the remaining tenant may sue for declaratory judgment and partition.
Mike.
Answered on 12/09/09, 2:52 pm
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