Legal Question in Wills and Trusts in Florida

tenants in common - son/mother
my husband owns a pre marital property he purchased with money he inherited when his father passed away. the father and the mother were never married. my husband and his mother always lived in this property until he married me and moved in with me. the mother now wants him to add her to the deed. what would be the best way to do it so she owns 50% and he owns 50%? I just don't want the mother to keep her half and then ask for credits for the mortgage and the payments she's made since she still lives there, in case something would happen to my husband. we have a daughter together and I would like for my daughter to keep his half intact.

Asked on 11/05/07, 12:06 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

0 users found helpful

0 attorneys agreed

Re: tenants in common - son/mother

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.

Based on the facts presented, the title should be as Tenants in Common, each with an undivided one-half interest. Upon the death of one, his or her estate would get that party's interest to be given to his or her heirs. This is a simple procedure that you should have an attorney take care of for you.

Scott R. Jay, Esq.

Answered on 11/05/07, 9:35 pm

Mark as helpful