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amandakohr · Joined: 29 Dec 2009 Posts: 1 1.42 Dollars($)

I am in Tennessee. I bought a home with only my name on the mortgage and deed. I wanted my partner to have the right of survivorship in case of my death.
Our closing attorney prepared a Quit Claim Deed to change from the house being in my name only into both of our names as "Tenants in Common with Right of Survivorship. "

We have since separated, and she is reluctant to sign a Quit Claim to relinquish her stake in the property.

Since the deed states we are "Tenants in Common with Right of Survivorship" would I have to die for her to have ownership, or is she entitled to half of the property at this time? There were no percentages listed on the deed. Or was this deed submitted in error as I cannot find another single instance of a "Tenants in Common with Right of Survivorship" in Tennessee. All deeds pertaining to survivorship appear to be Joint Tenancy with RS, not Tenants in Common with RS.
Any help would be appreciated. Thank you!

smithsussane · Posted: Tue Dec 29, 2009 9:18 pm Post subject:

Hi amandakohr!

Welcome to forums!

As the deed states that the other owner has a right to survivorship, your partner will be able to claim the whole property upon your death. As per now, the partner still has certain rights over the property as her name is mentioned in the property deed.

You can buy her out and remove her from the property deed. In order to buy her out, you can offer her a certain sum of money and ask her to sign a quit claim deed in your favor.

Feel free to ask if you've further queries.

Sussane

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Is Tenants in Common with RS Deed invalid?