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  1. #1
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    Default How to Add Another Co-Owner to Property Without Consent from All Owners

    Two brothers own a property in California. One of the brothers wants to add their sister to the property as a third co-owner, but the other brother opposes the idea. How can the sister be added to the property without the permission of both brothers?

  2. #2
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    Sep 2005
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    Default Re: How to Add Another Co-Owner to Property Without Consent from All Owners

    If this is a joint tenancy or tenancy in common, the brother may give his sister an interest in his share of the property -- doing so would break a joint tenancy so as to create a tenancy in common and, unless there is a different ownership distribution specified in the deed, each brother would end up with an undivided half-interest. The brother could add the sister to his half-interest, for example by granting her a quarter interest (half of his half) or by making her a joint tenant of his half-interest with a right of survivorship.

    Both brothers would need to cooperate to maintain ownership as a joint tenancy between all three co-owners, or to give all three an equal 1/3 interest.

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