Expert: Charles W. Field - 9/25/2005

Question
My husband was deeded Joint Tenant along with his 5 siblings.  Against the wishs of the deceased parents some of the siblings want to sell there portion of the 80 acres that was gifted to them  The land has old out buildings on it with little or no value and an old well.  Some of the remaining siblings want to keep  the portion that has the well and electric on it.  Of couse the land is more valuable to the one that wants to sell his portion.  What rights does my husband and the siblings that want to keep the land have.  Also can my husband convey his interest in this property to our 4 children? Quick claim deed? Would this protect our family if my husband were to die also? And what rights would that give our children agaist those that want to sell out?

Answer
Depending on how title was received by the siblings, the following will probably apply: any of the joint tenants can file what is known in GA as a Petition to Partition. If the siblings cannot agree on how to divide the property, a court will do it. Yes, your husband can convey his interest to his children or anyone else. You should consult with a local attorney knowledgeable in real estate, as the law varies from state to state.