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
3 Answers from Attorneys
A lawsuit for such relief is required.
"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.
Call an attorney.