Legal Question in Wills and Trusts in Pennsylvania
if 2 parties are in a joint tenancy with right of survivorship can one party sell or transfer their share to another party without permission from the other joint tenant?
1 Answer from Attorneys
Yes, but by transferring the interest of one joint tenant, the joint tenant destroys the joint tenancy and converts ownership into a tenancy in common. Example, A & B own land as joint tenants with right of survivorship. B decides to convey to a relative, C. A and C now own as tenants in common. A then dies. The joint tenancy with right of survivorship is destroyed, so A's share of the land passes with A's estate (as per his/her will or via the state intestacy laws) and C still owns the other half.
It would be better if the owners can come to some agreement and get a real estate lawyer to draft a new deed if one wants out so as to preserve the joint tenancy with right of survivorship if that is what the parties want.