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

Discussion in 'Property Law Forum' started by Sarah_Adelaide, 18 October 2016.

  1. Sarah_Adelaide

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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,
     
  2. Rod

    Rod Well-Known Member

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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.
     
  3. Sarah_Adelaide

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    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.
     
  4. Rod

    Rod Well-Known Member

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    Ah OK. Yes he can, and can do it without your knowledge.
     
  5. Sarah_Adelaide

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    Dammit. That's what I feared :(
     
  6. Rod

    Rod Well-Known Member

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  7. Sarah_Adelaide

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    Aha. I guess the next step is to set up a meeting with a solicitor.

    Thanks for your help!
     

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