Legal Question in Real Estate Law in District of Columbia
joint tenancy can one of the tenant sell their portion
Can a person who is on a deed as an joint tenant sell his ownership interest with out the consent of the other tenant on the deed?
I was sold a house in which the man who sold me the house purported to be the sole owner at the time of sale. I Recently found out that the man' daughter has a deed of joint tenancy with her father.
Myself, my wife and four children have resided in the home for nearly for years. The deed showing joint tenancy between the man who sold the house and his daughter superseds mine by two years. I dont have title insurance.
Can the man have legaly sold me his interest in the property without the consent of his daughter?
1 Answer from Attorneys
Re: joint tenancy can one of the tenant sell their portion
Yes, the owner who preceded you as a joint tenant in common with his daughter could have quitclaimed to you for value whatever interest he held in the property at the time without his daughter's consent.
However, he was not entitled to commit fraud in the inducement(or some version thereof) in leading you to believe that he was the sole owner of the property in order to induce you to buy.
You may well have a basis for a lawsuit against the father for whatever damages you may incur as a result of any fraudulent transactions involved in this matter and for the corrective action which would appear to now be necessary in order to clear the title to the property.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
