Legal Question in Real Estate Law in Florida
Is there a legal term tenants in common with rights of survivorship in Florida
Asked on 7/22/12, 11:23 pm
2 Answers from Attorneys
No. The term you use conflicts with itself. It is either Tenants in Common (which is w/o rights of survivorship) or Joint Tenants with rights of survivorship.
Answered on 7/23/12, 3:51 am
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Tenants in common own an undivided interest in property and the property descends to the heirs of one if they die and can be broken to satisfy debt. Tenants with survivorship rights own an undivided interest with the survivor taking complete ownership on the death of the other. Also, breaking the interest is more difficult to satsify debt.
Answered on 7/23/12, 5:50 am