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  1. #1
    gagisgirl Guest

    How to sever joint tenancy? Florida

    What is the name of your state? Florida
    My dad entered into a joint tenancy w/ his live-in girlfriend who he says coerced him. Since she received this "gift" she has become more abusive and neglectful. He is in his seventies and wants to sever the agreement. How can he do that?
    Thanks,
    Jane
  2. #2
    HomeGuru is offline Senior Member
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    Re: How to sever joint tenancy? Florida

    Originally posted by gagisgirl
    What is the name of your state? Florida
    My dad entered into a joint tenancy w/ his live-in girlfriend who he says coerced him. Since she received this "gift" she has become more abusive and neglectful. He is in his seventies and wants to sever the agreement. How can he do that?
    Thanks,
    Jane
    **A: what agreement does he want to sever? Who holds title to the property?
  3. #3
    gagisgirl Guest
    Thanks for your reply.
    He has a quitclaim deed from 2001 naming him and his live-in partner as "Joint Tenants with Right of Survivorship." What I understand is that JT issues 100% to each party upon the death of one. I also understood that the JT cannot be severed without permission of the other party. She will not cooperate. He filed a second quitclaim deed in 2002 changing the deed to Tenants in Common WITHOUT the rights of survivorship. It is stamped and recorded but was filed without her knowledge and consent and therefore is probably not legal. She refuses to sell him her half or negotiate in any manner. What can he do to legally sever JT on his condo without her consent? Can he sell his interests to a third party? Is there a court process he can pursue? He is 73 and ill and afraid of an abusive partner who tells him outright that she won't take care of him, etc. From what I understand, with JT in place she can leave him high and dry, move out and still inherit his home when he dies. He regrets having done this and I want to help him get his home back so he can leave it to his family, as he now wishes.
    Thank you very much!
    Jane
  4. #4
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by gagisgirl
    [B]Thanks for your reply.
    He has a quitclaim deed from 2001 naming him and his live-in partner as "Joint Tenants with Right of Survivorship." What I understand is that JT issues 100% to each party upon the death of one. I also understood that the JT cannot be severed without permission of the other party.

    **A: not true. A joint tenant may transfer interest to a third party and such transfer would create a tenancy in common among the titleholders.
    *********
    She will not cooperate. He filed a second quitclaim deed in 2002 changing the deed to Tenants in Common WITHOUT the rights of survivorship. It is stamped and recorded but was filed without her knowledge and consent and therefore is probably not legal.

    **A: correct if the titleholders are the same.
    *******
    She refuses to sell him her half or negotiate in any manner. What can he do to legally sever JT on his condo without her consent? Can he sell his interests to a third party? Is there a court process he can pursue? He is 73 and ill and afraid of an abusive partner who tells him outright that she won't take care of him, etc. From what I understand, with JT in place she can leave him high and dry, move out and still inherit his home when he dies. He regrets having done this and I want to help him get his home back so he can leave it to his family, as he now wishes.
    Thank you very much!
    Jane

    **A: he can file for partition.
  5. #5
    gagisgirl Guest
    Thank you for your info! Oops, what I meant to say was he can't *change* JT to Tenants in Common without the other party's permission. I heard it could be severed just not sure how. You say partition. I'll check that out. I had heard of it but thought that meant forcing the sale of the property, which my father would not do. He loves where he lives and, like a lot of older people, doesn't jump at changes of residence. If partition would allow him to stay where he is, he might actually go for it, even if it meant staying in an unhealthy relationship. I think he's riddled with guilt over having done this and would have peace of mind if he could right the wrong, so to speak...
    Will filing for partition allow him to keep his current home?
    Regards,
    Jane
  6. #6
    HomeGuru is offline Senior Member
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    Originally posted by gagisgirl
    Thank you for your info! Oops, what I meant to say was he can't *change* JT to Tenants in Common without the other party's permission.

    **A: if tenancy is joint, he can change the JT to TC simply by transferring his interest to a third party.
    ********

    I heard it could be severed just not sure how. You say partition. I'll check that out. I had heard of it but thought that meant forcing the sale of the property,

    **A: it does mean forcing a sale.
    *********
    which my father would not do. He loves where he lives and, like a lot of older people, doesn't jump at changes of residence. If partition would allow him to stay where he is, he might actually go for it, even if it meant staying in an unhealthy relationship. I think he's riddled with guilt over having done this and would have peace of mind if he could right the wrong, so to speak...
    Will filing for partition allow him to keep his current home?
    Regards,
    Jane
    **A: part of the partition settlement would be him buying her out.
  7. #7
    gagisgirl Guest

    Smile

    Much obliged, HomeGuru.
    So there's hope, though it's apparent that people never get too old to learn a lesson. Don't be pressured into signing rights to your home over to anyone. This holds especially true for those over 65. My father will now have unnecessary legal bills and grief he doesn't need just to correct an unfortunate act done simply to shut someone up. Trouble is, even after getting what she wanted all along, *this* someone is still talking and it's not a pleasant sound.
    Did I mention that she's a millionaire in her own right and doesn't need Dad's measly nest egg? No matter; that's how black widow spiders get wealthy.
    Thanks for listening...

    Regards,
    Jane
  8. #8
    HomeGuru is offline Senior Member
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    Good luck to him.

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