If a father and son own land together, both names are on the deed, can the father sell his half without the sons knowledge. Also if father passes away and no written will for the land will the son automatically get the land?
2 Answers from Attorneys
No the father can't do that.As to what happens it depends on wither or not the father and son are joint tenants with the right of survivorship. then the title paaaes if not then it's hard to say without more information.
By the way this is a real estate question not a family law question.
Any psrson can draft and file a quitclaim deed, which conveys a person's interest in real estate. The legal effect of the conveyance depends on whether the old deed set up a tenancy in common or a joint tenancy with survivorship. If father dies without will and
title is in joint name by survivorship the surviving person will own the property. If the
deed was a tenancy in common, the father's interest in the property will go to his intestate heirs. David M. Macfarlan
1255 Easton Road
Warrington, Pa. 18976