🏠 left to two daughters by my grandmother 15 years ago. (I do not know exact wording.. i.e.... survivability, etc.). House has sat empty ever since. my aunt has asked my mom for years to sell it & my mom has refused. My aunt was not willing to push it legally. My mom uses the house for storage. Now my parents are elderly and require my help often. I need place to stay when I am there and my aunt is livid that I pay for hotel every other week while the 🏠 sits empty. She wants a legal way to transfer her interest in house to me without my mom being able to dispute & tie it up in court.
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Binding transfer of ownership
- Thread starter Jswiney
- Start date
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justalayman
Senior Member
Is this in the US? If so you were asked the involved state. It can make a difference.
odds are if it's titled TIC ( look it up ) your aunt is free to have you use it as she sees fit...she owns her share and need not be bullied by Sis.....and odds are she is free to sell her share to anyone she pleases.....but double check how titled...IF it's titled JTROS then last person standing inherits it all....and your options sort of depend on who aunt thinks will pass first. ITs possible to break a JTROS so as to freeze a share at 50% but that requires attention to details beyond me and likely state specific..
BUt to oversimplify..aunt can just grant you permission, in writing would be smart, to just go use it.....
BUt to oversimplify..aunt can just grant you permission, in writing would be smart, to just go use it.....
justalayman
Senior Member
A joint tenancy does not bind the parties such that they cannot terminate the jt. All that has to be done is one party transfer their share to themselves. That’s it. Of course either could also transfer their share to any other party as well.
Just Blue
Senior Member
Mr/Ms Whiney....Can you tell me why you feel the need to use an icon for the word "house" so much?
This is in Tenn. I do not know if it is TIC or JTWROS and have no way to find out in the near future. HRZ, you sort of turned my own question back on me. The house was given to them just before my grandmother went to assisted living. I understand how TIC would be less complicated, but have to assume the worst case. My aunt & my mom are now estranged. My mom does not want me there and will move to block if she has prior knowledge before legal transfer is made. I don't want to be co - owner unless that is the only iron clad way to keep my mom from moving to block and I didn't know if simple written permission from aunt would suffice. I would not put it past mom to turn off utilities or even completely reverse and put it on market for outrageous price.
YES, a simple written permission from your aunt would suffice to allow you to stay in the house.
But forget this business of your mother "blocking" her sister from selling her separately owned interest. That is not going to happen! No more than she could prevent her neighbor from selling his or her home.
Also, if your deranged mother wants to cut off her nose to spite her face by putting her own share on the market for an outrageously low price, fine! Then you step in and buy it through a straw man! But she can't mess with her sister's share. Savvy?
adjusterjack
Senior Member
Yes, you do. And you can find out quickly.
You can go online to the county recorder where the property is located and review the property ownership records. Some recorders' websites allow you to view the actual document. Or you can order a copy to be sent to you and pay by credit card for the copy.
Once you confirm that your Mother and your aunt are on the deed together, your aunt can quitclaim her interest to and then you'll be co-owners with your Mother. I imagine that you are on decent terms with her, or will be once your aunt is out of the picture.
Thank you all for your help. To adjusterjack, although I get the gist of what you're saying, I feel a need to correct you. The aunt (in N.C.) is trying to help! She is all for me staying in Grandma's house (in TN.; 3 miles from my parents home) while I help take care of my parents. It is my Mom who doesn't want me there. She has been o.k. with me renting hotel room every week for 2 years. ( I live six hours away and work 13 hour shifts Fri,Sat, & Sun. Then drive to TN. to take care of dad Mon - Thurs.) Sorry, just felt a need to defend aunt. Only problem with aunt is someone gave her old advice to petition to partition (she should have done that 8 years ago) and she doesn't understand that doing it now will actually hurt my chances of getting in the house.
OP you are letting the excuses control things....at least as posted your aunt has clear legal right to invite you to use the place...or anybody else for that matter ..and even rent it to you for $1.98 a year for a darn long time ...what your mom wants does NOT matter! YOU may be wimping out?
THe question of partition or survivorship sort of depends on knowing the starting status of the deed ...TIC or JWROS ...and that's public record...the look up steps may vary a bit
Partition does not( generally) mean split but rather forced sale ....and that's often not a very quick or productive route .
And it require a crystal ball to divine which form of title is best..for what ....if its JTWROS and God calls Mom first then Aunt gets it all! ANd a lot cleaner than TIC
THe question of partition or survivorship sort of depends on knowing the starting status of the deed ...TIC or JWROS ...and that's public record...the look up steps may vary a bit
Partition does not( generally) mean split but rather forced sale ....and that's often not a very quick or productive route .
And it require a crystal ball to divine which form of title is best..for what ....if its JTWROS and God calls Mom first then Aunt gets it all! ANd a lot cleaner than TIC
Zigner
Senior Member, Non-Attorney
My phone will try to do that automatically for some nouns.
justalayman
Senior Member
Given your aunt (furthest away) is the one granting the permission to stay there and your mother (closer to the property) is the one objecting, I suggest you carry a signed letter of permission (preferably notarized) from your aunt. If your mother calls the police, given the situation, the police may ask you to leave the premise based on your mother’s demands. The letter may give the police a reason to pause and investigate prior to tossing you out.
In fact, depending on how things work in your mother’s area a call to the local police by your aunt explaining she has given permission might not be a bad idea either.
In fact, depending on how things work in your mother’s area a call to the local police by your aunt explaining she has given permission might not be a bad idea either.
You may need a thick skin and a set of lock picks and keys along with that written invitation to be there...and if Mom starts to bark you may need to bark louder .....I suspect the police will avoid getting in middle of a civil arguement ...but they might order you to do XYZ ...don't get yourself arrested by failing to cool it