Can a Jointly Owned Property Be Sold by One Owner?

The law favors your right to freely sell and dispose of your share of property. However, property law is one of the oldest and most complex areas of legal practice. Whether one owner can sell a jointly owned property depends on how the property is legally held and, if applicable, any contractual agreements between the parties. Two or more people can own property together, but in different legal ways, meaning you should always consult with an experienced Berks County property law attorney about selling any jointly held assets, especially if you’re married or getting divorced.

Types of Joint Property Ownership in Pennsylvania

Before you consider selling your property, an attorney should check the deed to determine how the property is legally held. The Commonwealth recognizes the following types of joint ownership:

Tenancy in Common

This default type of ownership allows both parties to control the property, but each party holds an independent share of the estate. This share does not have to be 50/50. You can hold property as tenants in common with varying percentages of interest, e.g., 70/30. You are freely permitted to sell your interest in a tenancy in common, but only your interest. For example, you may not list and sell a home you own equally with your ex-partner. You can only sell a 50% financial interest in the home. You may also be prohibited from selling your share if you purchased the property while married and you’ve filed for divorce.

Tenants by the Entireties

This tenancy is only available to lawfully married couples. If you choose to purchase a piece of property, you may do so as tenants by the entireties. Your deed will specifically describe ownership in this way. You cannot sell property you hold with a spouse as tenants by the entireties without the following:

• Your spouse’s consent
• Registered death of your spouse
• Court order as part of a divorce proceeding
• Severance order (final divorce order)

The court may order one spouse to grant permission to the other to list and sell the marital home, but if your spouse refuses, the court may order that the estate be severed from a tenancy by the entireties to a tenancy in common and force the sale. An experienced PA equitable distribution lawyer can walk you through this process.

Joint Tenancy with Rights of Survivorship

A joint tenancy with rights of survivorship functions like a tenancy by the entireties, except you are free to sell your share. If you do so, the tenancy will be converted to a tenancy in common. Joint tenancies are held equally by all parties. For example, if you own the property as a joint tenant with one sibling, you have a 50% share, but if four siblings own the home, your share is only 25%.

Connect with a Dedicated Berks County Property Distribution Lawyer Today

If you’re looking to sell a piece of property you own with a spouse or family member, it’s important to contact an experienced property distribution attorney at Feeman Law Offices. Our dedicated family legal team can review the deed to determine your rights and property interests and help you fight to obtain your fair share of the estate. Call (717) 273-1763 or contact us online to schedule a property law consultation.