Legal Question in Real Estate Law in Florida
i own some property with another person, both names are on the deed as tennants in common. if any party on the deed may die, what would happen and how would the property be split up? is there something i should do?
2 Answers from Attorneys
Each owns an undivided 1/2 interest that would be part of his estate upon death.
Tenants in common own an undivided 50% interest in the property. On the death of one, the property remains 50% with the other and 50% in the ownership of the heirs of the decedent. If you agree on splitting it up, then you simply transfer based on that agreement. If you don't agree, then a partition action would need to be filed. If the ownership as described is not what you want, then you need to contact an attorney make sure how you can transfer it so that it is titled as you wish.