Advertisement

Joint Name Property: Can a joint owner transfer her ownership without consent of her co-owner?

412 Views  ⚫  Asked 2 Years Ago
asked on Jul 1, 2016 at 14:47
by   Penny YP
edited on Aug 9, 2016 at 03:37
 
My parents have a property under joint name (50% of share for each of them). My mother decided to transfer the property name to me and my brother, and the property loan installments are paid by me. 

But the problems is, my father ran away from the house one year ago and no news from him, or totally lost contact. We suspect he won't coming back home due to family disputes between him and my mother.

The question is, the procedure of transfer of name must involved my father, as 1 of the owner? Or any other procedure for this case?

Hope to hear from you soon, thank you.
0 had this question
Me Too
0 favorites
Favorite
[ share ]
5 Answers

answered on Jul 1, 2016 at 22:03
by   shtanyc
Hi Penny

Your mother may effect transfer of its 1/2 share to you and your brother by an instrument of transfer without requiring the involvement of your father. Upon registration of the transfer, 3 names will appear on the title, i.e your name and your brother's name (1/4 share each, unless different proportions are stipulated in the instrument of transfer) and your father's name (1/2 share).   
0 found this helpful
Helpful

answered on Jul 1, 2016 at 22:12
by   jeff005
edited Aug 9, 2016 at 03:38
 
the property loan installments are paid by me.  
Are you a co borrower of the housing loan?
Who are the other borrowers of the loan.
0 found this helpful
Helpful

answered on Jul 27, 2016 at 13:25
by   Penny YP
edited Aug 9, 2016 at 03:39
 
Thank you for your answer. What about if we decide to sale this house, after the name is transfer to me and my brother. The procedure of sale must involve my father whom we lost contact?

Thank you.
0 found this helpful
Helpful

answered on Jul 28, 2016 at 14:50
by   vkpc
edited Aug 9, 2016 at 03:40
 
You cannot sell the house because it partly belongs to somebody else - your father.
0 found this helpful
Helpful

answered on Aug 16, 2016 at 21:31
by   shtanyc
Selling of the house involve transferring the whole share of the house to a third party and therefore, yes the sale of the house must involve your father, who still owns 1/2 share of the property. This is the case even after your mother has transferred her shares to you and your brother.
0 found this helpful
Helpful

Your Answer





By posting your answer, you agree to the privacy policy, cookie policy and terms of service.