Legal Question in Real Estate Law in Arizona

Joint ownership in a property. I cant find the other person. Can I have her removed?


Asked on 11/05/09, 7:47 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You could only have her removed if you could prove that she is deceased because one of the characteristics of joint tenancy is that upon the death of one of the joint tenants, the survivor becomes the sole owner automatically. You need only record her death certificate.

You can separate your interest in the property by conveying your interest to yourself in a proper manner, so that your half interest is protected and you will be tenants in common with her. That will not help you if you want to sell the property or want to refinance it. You should conduct a comprehensive search for her, then you can resolve any issues between you.

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Answered on 11/12/09, 12:19 am


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