Legal Question in Real Estate Law in Florida

Re: withholding rents

There is probably more to the situation than what you present here. In short, however, if there is no contract for you to quit claim the property back and the property was quit claimed as a fee simple to you solely, then the property is yours to do whatever you want.

If your cousin was quit claiming the property to you to "hide" them as an asset subject to a lawsuit, your cousin may have performed an unlawful action.

I recommend you consult an attorney in your area and go over specific details of this matter to best protect your legal interests.

Re: withholding rents

Florida courts are courts of equity and very unlikely to hold valid any transfer of property that was done so in order to commit a fraud upon the courts. You will be required to show the court what the particular facts of the transfer were and the purpose of the transfer. It will be difficult for you to retain title to the properties if your cousin decides to bring this to court. Although, the court could sanction both of you if it finds you were both attempting to commit a fraud upon the court.

Re: withholding rents

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Because you are family, and based solely on the facts that you have provided, you may be held to have been holding the properties in trust for the benefit of your cousin, and a constructive trust may be imposed. If this went to court no attorney could give you any assurances as to what the outcome would be. But if you admit that you were just holding the properties for your cousin, and knew that your cousin had no intention to let you keep the properties, it sounds like you should, and would, have to give the properties back.