Legal Question in Real Estate Law in Florida

residential co ownershop

i co own my home with my father, if and when he dies, do i become sole owner, even though my father has a will that says that the home is to be divided between my sister and I? My sister does not have ownership of the house and does not appear as owner on the title or deed. There is no morgage on the home.


Asked on 7/06/09, 10:54 am

1 Answer from Attorneys

Robert Roemer Robert Roemer

Re: residential co ownershop

The first place to look is at the provisions of the Deed to the property to see see if the Deed provides any "right of survivorship". If the Deed provides this right, the ownership of the home will be determined by the Deed and not the Will.

You should check the Deed to make sure you are named as a co-owner. If so, and there is no right of survivorship, your father can only pass what interest he has through his will (a 1/2 interst) which may be divided between you and your sister. You need to know the provisions in the Will as well.

If yoiu need further assistanance, please feel free to e-mail me your telephone number and a time of day to call you.

Read more
Answered on 7/06/09, 1:30 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida