3. Can I sell my property if I am one of the joint tenants/tenants in common?
If you own property with another co-owner as tenant in common, you can always sell you share of the property to a purchaser without the consent and agreement of the other co-owner as a tenant in common owns a distinct share in the property.
If you are a joint tenant of a property, you do not own a distinct share in the property and you need to sever the joint tenancy first so that the co-owners are holding the property as tenant in common before a joint tenant can sell his share of the property. The severance of joint tenancy requires specific procedures under section 8 of the Conveyancing and Property Ordinance (Cap. 219) and you should seek specific legal advice on the procedures.
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