Legal Question in Real Estate Law in Florida
Legal entitlement of property in co-ownership /joint tennants
In Broward county Florida,if 2 persons sign a contract to buy a house (regardless if one of them puts up 100% of the money to purchase it per their agreement.)And they receive their title and it reads, joint tennants with rights to souvivorship. If they part company, by Fl law,can the one who put up 100% of the money claim it his house 100%? or by law would it be split 50/50? Also if one of the owners is older than the 2nd owner, can he claim undo influence or coerision of the elderly as a last resort? This agreement was verbal and know where in the closing documents does it state who gave what as far as in the amount of monies.
Thank You!
3 Answers from Attorneys
Re: Legal entitlement of property in co-ownership /joint tennants
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
I recommend hiring a lawyer to file for a partitition of the property. There are 5 charachteristics to the way property may be held; one of which is that tther must be what is called "Unity of Interest" for a joint tenancy to exist. This means that the ownership is shared equally, i.e. 50% each.
The other opportunity you may have is to attempt to declare that the other party held the remaining 50% interest in a constructive trust for you.
Should you need further assistance, you may contact my office for an appointment at (954) 693-0207.
Sincerely,
Randall Gilbert
Re: Legal entitlement of property in co-ownership /joint tennants
An lawsuit must be brought to try to claim a lien on the property for the other 50% based upon the $ contribution.
Re: Legal entitlement of property in co-ownership /joint tennants
Unless undue influence can be proven, the proceeds should be divided equally.
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