Legal Question in Real Estate Law in Virginia

joint with survivorship

If a real estate property (a house) is originally jointly owned by two siblings and their parents (Joint with survivorship among the four persons), and then after both parents passed away, what are the paper work necessary for the two siblings to become the two joint owners of the house? What is exactly the procedure involved?

If one of the siblings would not want to own the property with survivorship, can the nature of the joint status be changed at this point?

If one sibling has no interest in the property, can he/she file a quit claim? If something is written years ago that one has given up his/her shareer share of the title, could this statement be used afterwards to file and change the public record? Or, whether a quit claim statment has to be recorded on the book within time frame to be considered as still effective to be used.?


Asked on 7/31/08, 2:57 am

1 Answer from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: joint with survivorship

A death certificate evidences the death of the parent. If one of the two surviving joint tenants wants to deed the property to the other, he/she can deed his/her interest over. Unless the something written years ago can bind the party making the statement ( a contract or unrecorded deed perhaps?) it is not likely to have effect. In any event, if it is not recordable it can not change the public record. I suggest consulting with an attorney.

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Answered on 7/31/08, 6:40 am


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