Legal Question in Real Estate Law in Georgia

Joint Tenancy with Right of Survivorship

I own a house with a former girlfriend/fiancee who moved out of the house in Oct. 2000. The house was bought by me with no financial support from her father in 1998. I have tried to buy the house on what I ''deem'' to be her fair share, yet she has a differing viewpoint on her fair share. Is there a time limit on the ''joint tenancy'' status since she has not lived in the house for over 3 years and is unwilling to motivate herself to come to a financial agreement as to the sale of her share? Can I refinance the house with her still as joint tenant but not have her sign any paperwork? All the financial deeds are in my name alone, she is just on the title.

Thank you.


Asked on 11/16/03, 6:46 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Joint Tenancy with Right of Survivorship

There is no time limit on the joint tenancy, and I don't understand the term financial deed. You must mean promissory note. I don't quite understand why you chose this method of title or how a house can be titled in joint tenancy when you are the only one on the note. Look at the title again and see if it says "Tenants in Common" or "Joint Tenancy with Right of Survivorship."

But, based on the facts as presented, you will probably end up filing a petition in Superior Court to determine her share and get the property in your name alone. Whether or not a lender will finance is a question for the lender. But I doubt that any lender will refinance...but you can try.

Read more
Answered on 11/17/03, 8:59 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia