A letter writer asks:

How difficult would it be for someone to change the title to property that was originally owned "with right of survivorship" to that of "tenants in common," thus passing the property on to another party without the knowledge of one owner?

How does someone initiate a title search to scrutinize the history of a homeowner's deed/title to a home that is approximately 18 years old?

When two people own property "with right of survivorship," it means that when one person dies, that interest in the property passes to the survivor, who then owns the entire property. This type of ownership is called a "joint tenancy." A joint tenancy is created by a deed that conveys the property to two or more people "as joint tenants."

When two people own property as "tenants in common," it means that when one of the owners dies, his or her property interest passes to the person named in the decedent's will. If the decedent has died without a will, the property interest passes to the decedent's legal heirs.

A joint tenancy can be converted to a tenancy in common when one owner, while living, conveys his or her interest to a third person.

For instance, if your wife and her mother owned property as joint tenants, the mother could convert ownership to tenants in common by conveying her interest to a third party. This conveyance breaks the joint tenancy and destroys the right of survivorship. This is true even if the third person reconveyed the property interest to the mother.

A property interest can be conveyed only by a valid deed recorded in the land records of the county where the property is located. The deed must be signed by the person conveying their interest, and the signature is notarized to guard against forgery. A forged deed is a nullity and conveys nothing.

If you suspect the deed has been forged, you may have other rights and should consult an attorney.

Each land record office maintains index books, listing the names of each grantor and grantee of real estate. The index shows the book (or microfilm record) where the deed is located.

Facilities are available in each land record office to view and copy deed records for a small fee.

By searching the name index, you should be able to easily find the latest deed for the property, and by reviewing this deed you can trace back to earlier deeds, beginning 18 years ago, when the home was constructed.