Legal Question in Real Estate Law in Florida
A husband and wife own a rental house as tenants in common. Can either spouse sell or transfer ownership with the consent of the other. In Florida?
Asked on 9/25/10, 7:29 am
3 Answers from Attorneys
If it is not their homestead, they can convey their half interest without the consent of their spouse.
Answered on 9/30/10, 7:42 am
David Slater
David P. Slater, Esq.
Either with or without consent.
Answered on 9/30/10, 8:15 am
Shelly Schellenberg MI & FL
private practice
Do you mean without the consent of the other? Each can sell their interest, unless they took title by the entireties. However, neither can sell the entire property, or dispossess the other, without the other party joining in the sales contract and deed.
A buyer of a Tenant in Common interest would then own with the non-selling spouse. This is not a situation that an attorney would advise, so the interest is not worth as much as selling all interest outright.
Answered on 10/01/10, 1:31 pm
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