Legal Question in Real Estate Law in Maryland
owner and joint tenant rights
my father is the owner of a property that is an inheritance and my brother is listed as the joint tenant. what rights does the joint tenant have at the time the property is sold? can the owner of the property override any decision made by the joint tenant?
1 Answer from Attorneys
Re: owner and joint tenant rights
Your father and brother are both joint tenants in the property--neither has a superior right over the other. Both must agree in order to be able to sell the property, and both must execute a deed when it is sold. If one dies, the other becomes the sole owner of the property. If they can't agree on what to do with the property (for example, one wants to sell and the other doesn't), then either can go to court to force a sale and accounting of the proceeds.
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