Can a Joint Tenant with Right of Survivorship Sell His Share?

Understanding Joint Tenancy with Right of Survivorship

A joint tenancy with right of survivorship is a form of ownership where two or more individuals hold title to property jointly.
The main feature of this type of tenancy is that when one joint tenant passes away, their share automatically transfers
to the surviving joint tenant(s), regardless of any will or other estate planning documents.

Selling a Share in a Joint Tenancy

In most cases, a joint tenant cannot sell their share of the property without the consent of the other joint tenants.
This is because the right of survivorship means that the property automatically passes to the surviving joint tenants
upon the death of one joint tenant.

Exceptions to the Rule

There are some exceptions to the rule that a joint tenant cannot sell their share of the property without the consent
of the other joint tenants. These exceptions include:

• Court Order: A court may order the sale of a joint tenancy property to resolve a dispute between the
  joint tenants.
• Partition Action: One joint tenant may file a partition action to divide the property into separate
  shares, which can then be sold individually.
• Bankruptcy: If one joint tenant files for bankruptcy, the bankruptcy court may order the sale of the joint
  tenancy property to satisfy the debts of the bankrupt joint tenant.

Consequences of Selling a Share

If a joint tenant is able to sell their share of the property, the following consequences may occur:

• Loss of Right of Survivorship: The joint tenancy will be terminated, and the surviving joint tenants
  will no longer have a right of survivorship to the property.
• Division of Ownership: The property will be divided between the joint tenant who sold their share and
  the remaining joint tenants.
• Potential Tax Liability: The sale of a share in a joint tenancy may trigger capital gains tax
  liability.

Conclusion

In general, a joint tenant cannot sell their share of the property without the consent of the other joint tenants.
However, there are some exceptions to this rule. If a joint tenant is able to sell their share, the joint tenancy
will be terminated, and the surviving joint tenants will no longer have a right of survivorship to the property.
It is important to consult with an attorney to fully understand the legal implications of selling a share in a joint
tenancy with right of survivorship.

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