Legal Question in Real Estate Law in New Jersey
selling stake in joint owned property
I co-own a property with an in-law. We split expenses down the middle as far as tax,insurance but each maintain our separate sides(property is a duplex). Can I sell my side to someone other than my partner without their approval(there's one deed with both our names on it)?
2 Answers from Attorneys
Re: selling stake in joint owned property
Whenever people other than married couples are co-owners of property, there should be a co-owners' agreement that spells out their respective responsibilities and rights. These would include expenses for maintenance, what kinds of alterations each person may make, in the case of properties like yours, and how each owner may sell her/his interest.
To maintain a decent relationship with your in-laws, I would recommend that you now discuss and enter such an agreement, if you do not already have one. The agreement should be recorded so that future owners of less than the entire interest will be bound by the same terms.
Then you may sell your interest and the person who buys it should observe the obligations and receive the rights under the co-owners' agreement.
You should have a real estate lawyer prepare such an agreement to make sure that the issues are adequately covered and that it is recordable.
Re: selling stake in joint owned property
As long as the title does not create a survivorship situation (e.g., joint tenants with right of survivorship) or any restrictions, you can sell your interest to anyone you choose.