A co-owner is entitled to three essentials of ownership. This includes the right to possession, the right to use and the right to dispose of his share of the property if it is clearly stated in the deed. Therefore, if a co-owner is deprived of her property, she has a right to be put back in possession.

How do co-owners hold property at law?

The legal interest (estate) is always co-owned under a legal joint tenancy. This means all co-owners have a legal right to occupation and use of the land as is the case with a beneficial joint tenancy. They are effectively trustees of the property holding the property on trust for themselves and all other co-owners.

What happens if a co-owner wants to give up his ownership rights?

A co-owner in a property who is willing to give up his or her rights over the property can resort to the relinquishment deed which allows for a smooth transfer. Often, legal heirs who are giving up their stake in a property are asked to sign this deed for clarity.

Can a co-owner force a sale?

When owners of jointly owned property can’t agree on the sale of the entire property, a partition lawsuit to force its sale may be filed. In a partition lawsuit, the court can order the sale of the entire property and divide proceeds among its owners.

Can a co-owner force the sale of a property?

Partition is the division of the property. It terminates co-ownership. The joint owners could partition the property by agreement. One co-owner cannot partition the property without the consent of the other. One owner can not force a sale of the entire property without the consent of all.

Right to alienate, assigns, mortgage or substitute as regard the portion of his/her shares or ownership. The right of a co-owner is basically the same with the rights of an owner. The only limitation is that a co-owner must respect the rights of his co-owners.

Can a period of co-ownership be more than 10 years?

1. Period must not extend more than 10 years 2. If it exceeds 10 years, the stipulation is valid insofar as the first 3. There can be an extension but only after the original period has 4. After the first extension, there can be another, and so on

Who are the co-owners of a joint tenancy?

The trustees and beneficiaries are often the same people. Two forms of co-ownership are recognised these are joint tenancy and tenancy in common . Where there is a joint tenancy, all the co-owners own the whole of the property collectively. It is not correct to mention shares when talking of a joint tenancy.