SA Joint Tenants Agreement - Transferring Tenancy to Another Without Consent?

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18 October 2016
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Hi there,

I have a question regarding the transfer of ownership within a joint tenants agreement.

My father is going to make me a joint tenant on his properties and I would like to know if it is possible for him to transfer his half of the tenancy to another person at some point without my consent?

I am an only child, however, my father is in his 70's with a new Thai girlfriend, and I'm worried. I hope that this will ensure I inherit his properties, regardless of any future decisions he may make, such as marriage. He has full mental capacity now but that might not always be the case.

Thanks,
 

Rod

Lawyer
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27 May 2014
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If you are joint tenants you, become the sole owner when your father dies.

If you are tenants-in-common, it either depends on the will or tenancy agreement if one exists.

You need to clear on which instance applies to you.
 
18 October 2016
4
0
1
Thanks for the reply!

I see that my question was unclear, however.

I want to know if he can transfer his half of the joint tenancy to someone else (other than me) while he is still alive, without my consent.
 

Rod

Lawyer
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27 May 2014
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Ah OK. Yes he can, and can do it without your knowledge.
 

Rod

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Vicki21

Active Member
6 May 2021
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Ah OK. Yes he can, and can do it without your knowledge.
What happens if they don’t sever the tenancy or register a transfer bur then die and then a family member says after death that the Joint Tenant signed a Contract of Sale to them for fee simple two days prior to him dying and then based on this put a caveat on the title preventing the other joint tenant from registering a Notice of Death? I’m in NSW. I have put in a lapsing notice but then they withdraw the caveat and same day out very similar one in but this time only list the affected registered proprietor affected as the deceased joint tenant owner which then land titles would not provide notice of the caveat being in place and only way to know about this new caveat was by paying for CT searches regularly to check second schedule. Can the son register the transfer/sale now that joint tenant owner has died and while they have a caveat in place preventing registration of notice of Death?
 

Rod

Lawyer
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27 May 2014
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I don't know probate/wills law in NSW and can't help with you query.