Legal Question in Real Estate Law in Florida

When a divorced couple own a property together and the divorce listed it as 'right of suvivorship...can one person take equity or use it a colateral with out the others

permission?


Asked on 6/07/14, 7:47 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

More information is needed to understand your question. Is the property listed as survivorship after the divorce? If so you each own an undivided interest in the property. Neither of you can sell without the other's consent or mortgage the property without the other's consent. A partition action can be filed to sever the relationship and seek sale of the property. If the facts are different, the answer will be also.

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Answered on 6/08/14, 5:40 am


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