Legal Question in Real Estate Law in Florida
house title
my partner And i were wondering which would be better to put on the title of the house were buying. In the event of one of us dying what would stop the house from going into probate, example-- 1.--name removed--adxxx and/or adam rxxxx,--- 2.--name removed--abbxxxx or adam rxxxx. which of the two would be the best to protect one another? If there is a better way please let me know.
4 Answers from Attorneys
Re: house title
Read the previous replies and follow the advice. Do get competent counsel to protect your interests.
Re: house title
Although you have not stated so and have only provided limited facts, it appears that you are inquiring about the title of real property for an unmarried couple. My advice would hold true for a couple of the same sex or different sexes. If you want the title to remain with the surviving partner in the event of the demise of one of the partners, title should generally be taken in AAAAA and BBBBB as joint tenants with right of survivorship. If you simply take as AAAAA and BBBBB without delineating the survivorship, Florida law implies that you took title as tenants in common with an undivided 50% interest. This can be devastating to the survivor when he or she is forced to sell his interest upon the demands of the family of the deceased partner.
It is important that you consult with a knowledgable real estate attorney about your specific needs. I have experienced more than one "botched" title due to sloppy work by inexperienced attorneys. This is one place where a "bargain" can spell disaster.
Scott R. Jay, Esq. 305-249-8000
Re: house title
Your question is unclear. You need to consult with a lawyer experienced in wills, trusts and estates that also handles real estate transactions. I known the right person to handle this issue. Call me at 305-445-0937.
Re: house title
There are many issues that must be considered.If you have a business and have acquired an important asset, why is it that you won't spend a few dollars obtaining an attorney to guide you. Certainly there will be many more questions along the way. Hire an attorney that you feel comfortable with, pay reasonable fees and follow his advice.