Legal Question in Real Estate Law in Florida

quitclaim deed

My companion and I purchased a home here in Ft. Myers ,FL for me to live in by myself. The deed read his name and mind, joint tenants with full rights of survivorship. My friend had his own house that he lived in. He passed away in Dec. 2005. I just larned today that his two sons in Nov. 2005 had a quit claim deed drawn up with his signature making the sons owners if he died. My questions is can a deed with two people on it be drawn up and changed from one kind of deed to another with out both parties signing it. I was never notfied that this was done nor did I sign any deed of any kind at that time.


Asked on 3/06/06, 1:08 pm

3 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: quitclaim deed

no.

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Answered on 3/06/06, 2:33 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: quitclaim deed

Without doing any research I believe that when a deed is issued as joint tenants with rights of survivorship both parties are joint owners. However, assuming that the transfer was valid, I believe that you and the new people on the deed would be tenants in common. However, a lawsuit would need to be filed to "Quiet Title" in order to salvage any ownership interests you may have.

Good Luck,

Randall

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Answered on 3/07/06, 6:32 pm
David Slater David P. Slater, Esq.

Re: quitclaim deed

yes

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Answered on 3/06/06, 3:04 pm


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