Legal Question in Real Estate Law in Florida
Dissolving Joint Tennants w/ right of survivorship
My grandmother and my uncle hold property together by ''joint tennants w/ right to survivorship''. My Grandmother wants to dissolve this agreement and put 2 more names on it in to addition to my uncles name and my uncle won't sign off on it. Would a straw purchase be applicable in this case? Am I right in saying that by using a strawpurchase the ''joint tennants'' aggreement would then become a ''tennants in common'' agreement and that grandmother could then will it to whom ever she chose?
3 Answers from Attorneys
Re: Dissolving Joint Tennants w/ right of survivorship
Your uncle and grandmother each have a one-half interest in the property and both must sign to convey title. If one refuses then you have a problem. You can't force someone to sign therefore, that is where the problem lies. One solution and I don't know if this is a viable option for your grandmother which is Petition for Partition. This means force the sale of the home and each owner receive their percentage share of the property either from a prospective buyer or the other owner.
Re: Dissolving Joint Tennants w/ right of survivorship
If the uncle is on the title/deed, then your grandmother has a problem conveying title, unless she can convince the uncle to cooperate. Seek the advice of a real estate litigator in the county where the property is located and good luck.
Re: Dissolving Joint Tennants w/ right of survivorship
I use a straw to chug my beer. Perhaps you can refine your question. I am of the belief, that a deed must be signed by owners in order to convey an interest in the property.
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