Legal Question in Real Estate Law in Florida

How do you start a partition of real property held by joint tenancy with the right of survivorship


Asked on 10/11/09, 11:16 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

A lawsuit for such relief is required.

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Answered on 10/11/09, 11:31 am
Cristofer Bennardo Padula Bennardo Levine, LLP

"Partition" is a legal remedy that seeks the sale of the property and must be initiated by a lawsuit.

However, you do have the option of simply breaking the joint tenancy status of the property by filing a subsequent deed from yourself to yourself. Joint tenancy with right of survivorship means that upon one's death, the survivor is the sole owner. If you break the joint tenancy, the property becomes held as tenants in common. This means that you do not lose your ownership at your death. The deceased owner's share then passes to his or her heirs rather than to the surviving owner.

Please do not hestitate to contact me if you wish to explore this further.

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Answered on 10/12/09, 10:38 am
Frank J. Pyle Probate Attorney Throughout Florida

Call an attorney.

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Answered on 10/13/09, 5:39 pm


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