Legal Question in Real Estate Law in New Hampshire

NH - True Property Ownership

My father original deed, with joint tenants with the rights to surviviorship was with his inlaws, my grandmother and grandfater, whom years later gave their undived half to their son (my uncle) in a new deed, never aknowledging my father in that new deed . Recently,which is 30 years later he then quitclaim deeds it to his wife .

Is this still a joint tenant with rights to surviviorship with my uncle? The new deed says nothing like that. Or do they all become by default tenants in common? How does my father protect himself to make sure my aunt and uncle do not aquire all the property if he were to die? Did the original deed with rights to surviviorship become void after my uncle was deeded by his mother and father and now my father, my uncle and aunt all became ''tenants in common''? HELP!!!!!


Asked on 3/19/02, 8:33 pm

1 Answer from Attorneys

Roy Weddleton Granite Law

Re: NH - True Property Ownership

If I understand your question, the parties are now tenants in common. If so, your father can will his interest to someone or he could execute another deed to himself and you or someone else as joint tenants with rights of survivorship. He would still be a tenant in common with the other owner.

Bring the deeds to a lawyer to make sure.

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Answered on 3/20/02, 8:30 am


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