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  1. #1
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    Dec 2017
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    Default Can You Convey Your Interest in Real Estate if Your Co-Owner Opposes the Transfer

    My question involves real estate located in the State of: Georgia Gwinnett County., I am on deed with listed jointly with someone and want to release ownership of my 50 % of the Holme to my fiancée .. The other owner doesn’t agree to what I want to do; however, I would like to transfer my portion to him., is this possible to quitclaim my Jim my part and or can I do another deed where my fiancée would have tenant ownership

  2. #2
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    Sep 2005
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    Default Re: Can You Convey Your Interest in Real Estate if Your Co-Owner Opposes the Transfer

    Normally, yes, you can convey your interest in real property even if a co-owner opposes your action. If there is a joint tenancy, the effect of the transfer of a half-interest is to break the joint tenancy such that ownership continues between the co-owners as tenants in common.

    The devil may be in the details -- how exactly is the property titled, are there any restrictions on transfer in the deed, what is your relationship with the co-owner, and are there other factors (e.g., a divorce judgment) that could restrict your actions or trigger consequences upon transfer? Also, although separate from the issue of transferring a half-interest over the co-owner's objection, if there is a mortgage on the property the conveyance may trigger a provision in the mortgage that requires the lender's approval and potentially accelerates the balance of the debt.

  3. #3
    Join Date
    Oct 2006
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    13,148

    Default Re: Can You Convey Your Interest in Real Estate if Your Co-Owner Opposes the Transfer

    Quote Quoting Mr. Knowitall
    View Post
    Normally, yes, you can convey your interest in real property even if a co-owner opposes your action. If there is a joint tenancy, the effect of the transfer of a half-interest is to break the joint tenancy such that ownership continues between the co-owners as tenants in common.

    The devil may be in the details -- how exactly is the property titled, are there any restrictions on transfer in the deed, what is your relationship with the co-owner, and are there other factors (e.g., a divorce judgment) that could restrict your actions or trigger consequences upon transfer? Also, although separate from the issue of transferring a half-interest over the co-owner's objection, if there is a mortgage on the property the conveyance may trigger a provision in the mortgage that requires the lender's approval and potentially accelerates the balance of the debt.
    Its also possibly not in your best interest to transfer ownership to a fiancé. You might want to consult with an attorney about the whole thing and why you want to do it.

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