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Owner & Co-Owner in joint tenancy w/ right of survivorship

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Icon Mini Profile sennome





Joined: 07 Jun 2009

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Post Posted: Sun Jun 07, 2009 9:31 am    Post subject: Owner & Co-Owner in joint tenancy w/ right of survivorsh
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If my partner (co-owner) and I (owner) own our home in joint tenancy with right of survivorship (we still have a mortgage)and one of us wants to take out an equity loan / HELOC against the property, can one of us do this without the other's consent? Or, would both individuals (adults) have to sign the documents?
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

Posts: 10030
Location: Alaska
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Post Posted: Sun Jun 07, 2009 7:18 pm    Post subject:
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Hi sennome!

Welcome to forums!

As both of you are the owners of the property, you cannot take the loan without your partner's consent. You'll have to inform your co-owner about the loan. If you want to take the loan in your name, then you don't need the co-owner's signatures. You can sign the loan documents alone.

Feel free to ask if you have further queries.

Sussane
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