Legal Question in Real Estate Law in Florida
Quit Claim and Life Estate
Hello,
I was half owner of a house with right to surviviorship in the original deed. The other owner recently quit-claimed her half of the house to someone. The quit claim deed gives the previous owner a life estate in the property.
Does the life estate infringe on my rights as an owner? I thought she would need my permission to grant a life estate. I want to force a partition sale. Is that still possible?
3 Answers from Attorneys
Re: Quit Claim and Life Estate
Yes it is posssible and you should do it.
Re: Quit Claim and Life Estate
That is exactly what you should do.
Re: Quit Claim and Life Estate
When the other owner did the quit-claim deed, it destroyed the right of survivorship. You still own the same one-half interest you always owned. Her one-half interest is now owned by her (life estate) and the grantee on the quit-claim deed (remainder interest at her death). Both you and she have equal right to the house at this point. At her death, you and the grantee will each own a one-half interest and have equal right to the house. A partition action is always available to a joint owner of real property.
Your situation is a good example why most people (other than husband and wife)should not own real property jointly. You have little control over the situation, and court action is the only way out.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
