Legal Question in Real Estate Law in Florida
Joint Tenants with full rights of survivorship
My father bought a home in 1999 with his girlfriend. NOT Married. When he signed th deed he thought it was a %0-%0 deal. If he died she would have to give half of the value to his children and vise versa. Now she tells him oh no if you die I get everything regarding tjhe home. He pays the mortgage out of his personal account. Can anything be done about this.
3 Answers from Attorneys
Re: Joint Tenants with full rights of survivorship
Lawsuit to reform deed is needed.
Re: Joint Tenants with full rights of survivorship
Just ignore Mr. Slater. I doubt his advice would accomplish anything exept to cost a lot of money. Your dad needs to contact a real estate attorney regarding terminating the right of survivorship. It may involve your dad deeding his one-half interest to a "straw man" who would then deed that interest back to your dad.
Re: Joint Tenants with full rights of survivorship
I can agree in part with Mr.Pyle as to theexpense of Mr.Slater's reply. However, to properly transfer the property both parties must sign the deed else it is ineffective.
My reading of your question is that you are the one who is concerned not your father.
If both parties cannot agree to a new deed then Mr. Slater's reply may be the only avenue of relief. I am not so sure a successful result will ensue.
If the action is that your father really wants, because of his error, then seek the counsel of a competent real estae attorney in your area
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