Legal Question in Real Estate Law in Florida
Can deed with right of survivorship be broken without both parties permission?
Two relatives owned a house with ''right of survivorship''. Unbeknownst (until recently) to one owner the other owner quit claimed her share (1/2) of the property to someone and gave herself a life estate in the entire property. The person the property was quit claimed to and the person with the life estate have barred the other owner from the property. Changed the locks and security system and refused to give her the keys or code. They also took her property out of the home.
Can a a right of survivorship deed be broken without both parties signing the new deed?
1 Answer from Attorneys
Re: Can deed with right of survivorship be broken without both parties permissio
Yes, if one owner in a joint tenancy sells their interest then the owners become tenants in common and the right to survivorship is destroyed. However, she/he can only have a life interest in the interest she/he previously owned. Here the interest does not encompass anything more than what she/he was originally entitled to possess. Therefore, the tenant that ousted (or threw out) the other would be responsible to pay the ousted tenant rent for possession of his/her share of the property. Be careful, co-tenant may be trying to acquire title to the entire property by adverse possession.
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