Legal Question in Real Estate Law in Pennsylvania
deeds
can a deed that is drawn up between a husband and wife and a dauther as joint tenants with the right of survivorship that has been in effect for more than 5 years be changed with out the pemision of all tenants and requireing all tenants to sign before any changes can be made to the exsisting deed?
1 Answer from Attorneys
Re: deeds
First, deeds are single use documents. That is a deed evidences a property transfer from the previous owner to the current owners. Once the deed is registered with the register of deeds that it. It just a piece of paper. To change owner ship interests a NEW deed must be drawn up.
Is what you're asking can one of the co-tenants sell off their interests? Possibly as they are tenants in common.
Now if the ownership had only been transfered to a husband and wife then it would be a tenants in the entireties. Then both husband and wife would have to agree to a sale. Adding the daughter makes a tenancy in common which removes the requirement of both tenants to agree to a transfer of interests.
I hope this helps its confusing at best.
If you have any questions. Feel free to contact me these are difficult concepts even for lawyers.
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Hope this helps,
{John}