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All classes of co-owners in fee simple have an undivided interest in the whole property. Therefore, each co-owner has the right to the use and possession of the whole property. If two people are grantees on a deed their respective one-half interests would come into operation as each person's share of the proceeds if the property was sold.

There are several different legal schemes for co-ownership called "tenancies" that govern who will receive the share of a co-owner who dies. See the related question link provided below for a full explanation of those various tenancies.

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17y ago

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Allotment of shares by a company is not a transfer of property by the company in favor of allottees?

Acc. to the basic rule of company law: a co. has a separate and distinct entity from that of its owners, thus, a shareholder is the owner of the company to the extent he holds shares of that co. but he cannot own the property of the co.


Can a co owner gift a property without the consent of other co owners?

The co-owner can only transfer their own interest in the property. If there are four owners the interest of one would be a one-quarter interest. A co-owner can transfer their own interest in the property without the consent of the others.


What is property partitioning?

Property partitioning is the legal process of dividing ownership of property among co-owners. This can occur when co-owners no longer wish to own property together, and typically involves physically dividing the property or determining a fair way to allocate its value between the owners. The goal is to ensure that each owner has clear ownership of their share of the property.


What is the law in Indiana when their is a quit claim deed on property and the co owner dies?

It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.It depends on how the co-owners held title. If by survivorship the property automatically will become the sole property of the survivor. If held as tenants in common the decedent's interest will pass to their estate and distribute to their heirs.


When a person co-owns property with others can they rent the property with the others' consent?

One co-owner must obtain the written consent of all the owners if they want to rent the property. In fact, a lease, to be binding, must be signed by all of the owners.One co-owner must obtain the written consent of all the owners if they want to rent the property. In fact, a lease, to be binding, must be signed by all of the owners.One co-owner must obtain the written consent of all the owners if they want to rent the property. In fact, a lease, to be binding, must be signed by all of the owners.One co-owner must obtain the written consent of all the owners if they want to rent the property. In fact, a lease, to be binding, must be signed by all of the owners.


Can a joint mortgage be renewed by one person?

A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.


What are your rights if property is owned by two separate individuals one wants to rent it out and the other does not?

The co-owners must be in agreement to rent out the property. Co-owners each have the right to the use and possession of the entire property. One cannot legally encumber the property without the other's consent. You may need to offer to purchase the co-owner's interest in the property at an attractive price to encourage them to agree. If they are not willing then you are at an impasse.


How can you relinquish rights to a property that your husband bought with 2 friends in NC?

Your husband must convey his interest to the co-owners by a quitclaim deed.Your husband must convey his interest to the co-owners by a quitclaim deed.Your husband must convey his interest to the co-owners by a quitclaim deed.Your husband must convey his interest to the co-owners by a quitclaim deed.


What is Partition in property law?

If an owner of co-owned property wants to sell and the other(s) do not, a Petition For Partition can be filed in a court of equity. If the property cannot be divided then the court will appoint a commissioner who will sell the property. The proceeds less all the legal costs will be equally divided among the owners. Property held as tenants by the entirety cannot be partitioned.


How can joint tenancy be severed?

Joint tenancy can be severed by one of the co-owners selling or transferring their share, or by a court order dividing the property among the owners.


If one Tenant in Common owns the majority interest in the real property does he or she have complete control in selling it?

No. The co-tenant cannot sell the property without your approval. Your signature will be required on any deed of sale of the property. If you don't want to sell, you may need to buy the interest of the co-tenant.


Is the person that signs the loan the owner of a house?

The grantee on the deed is the owner of the property. Others who are not owners may co-sign the mortgage. Co-signing does not give ownership.