Joint Tenants Forced Sale Of Property In Mecklenburg

State:
Multi-State
County:
Mecklenburg
Control #:
US-00414BG
Format:
Word; 
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Description

Co ownership of real property can be in the following forms:



" Tenancy in common, in which the interest of each owner may be transferred or inherited;


" Joint tenancy, in which the tenants each have a right of survivorship;


" Tenants by the entirety, in which a husband and wife own property and have a right of survivorship; or


" Community property, which applies in some States to property acquired during the period of a marriage.


The phrase joint tenancy refers to a method of ownership by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies his share automatically passes to the surviving joint owners by operation of law.


Traditionally, when two or more people own real property together, they hold it as tenants in common. Owning real property as joint tenants with full rights of survivorship has, in the past, been usually been limited to married couples or other close kinship. However, there is no reason that single unmarried people cannot own property in a joint tenancy arrangement.

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The owner who wants to sell can file a Petition to Partition the real property. This procedure allows for the Court to either physically divide the property.When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. Considering joint tenancy with a partner in North Carolina? Learn about common joint property ownership disputes and how to avoid them. Our Charlotte real estate lawyers handle partition actions. We help co-owners negotiate and, if necessary, litigate a fair price for their share of a property. If you want to sell the home with a tenant in common, you both must agree to sell your shares. As a joint owner, you have an absolute right to force sale of the entire property. Any document of title or evidence "of record" that passes title an allows a person to defend their claim of ownership or rights to the property.

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Joint Tenants Forced Sale Of Property In Mecklenburg