Legal Question in Real Estate Law in Florida
Deed to home change
My deed says, Joint Tenancy with right of survivorship. My business partner wants to change it so his children get his share when he dies rather than I. I don't want a change. He has threatened to take me to court. I thought the Deed was written in stone, and cannot be changed unless both parties agree.
4 Answers from Attorneys
Re: Deed to home change
Only when a property is held as tenants by the entirety by a husband and wife is it cast in concrete without both husband and wife signing off. Your property will remain as joint tenants with right of survivorship unless and until one of you deeds his interest to someone else. At that point, the right of survivorship ends and the property is held as tenants in common (no right of survivorship). Or, either of you could sue the other in a Partition action asking the court to have the property divided (or sold and the proceeds divided, if it can't be divided).
Re: Deed to home change
You are correct in your assumption that, generally speaking, the deed can not be changed unless all parties to the deed agree on said change. In the event your business partner retains counsel, I strongly suggest you do the same to protect your interests in the property. Should you wish to discuss this matter in greater detail, please do not hesitate to contact me.
Re: Deed to home change
Have to agree with Mr. Pyle.
Re: Deed to home change
It can be changed to a tenancy in common.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
