Legal Question in Real Estate Law in New York

real property law

can i transfer/sell my share of property in a residence where we took deed as tenants in common


Asked on 7/18/09, 11:31 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: real property law

The inherent right of each cotenant to dispose of his or her undivided interest is unrestricted and such disposition may take the form of a sale, assignment, gift, mortgage, or pledge. Because each tenant in common holds title and interest independently of the other tenants in common, a cotenant may encumber or dispose of a personal interest in the property without seeking the cotenants' consent or joinder to the transaction.

Mike.

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Answered on 7/20/09, 9:03 am


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