Legal Question in Real Estate Law in Florida
if 6 adult children have been quit claimed the mothers house, now deceased, can they sell their share to each if the quit claim doesnt state survivorship rights ? also if it doesnt ,will the ownership be automatically devided if one dies. hillsborough county florida. pam
1 Answer from Attorneys
An attorney would have to see the quitclaim deed in order to advise correctly. If it does not state "as joint tenants with rights of survivorship" and says "as tenants in common" then each child would own what we call an undivided one-sixth interest. Each can sell their share to one of the others, but it may be hard to get all of them to agree to the same price. One-sixth of the taxes need to be paid by each, every year. If one dies, that interest would go to his or her heirs. It sounds to me like what you need to do is try to either get the property sold, or if one wants it buy the others out. Any of the children have the right to bring a partition of the property and thereby force a sale of it. Once you can get the others to agree upon a sale, that can be accomplished. If one wants to buy out the others, that can be accomplished too.