joint tenancy with rights of survivorship, but not as common tenants

[Angelitta Day]

What is the name of your state? Florida

I own real estate property with two other persons, as joint tenants with rights of survivorship, but not as common tenants.

Can I sell, mortgage, rent or transfer my share of interest or portion of said properties, without the other owners' approval or authorization, but specially without their signatures?

How do actions that involve claims, demands lawsuits or liens against any particular owner, affect each other's interest on said properties, even if any have filed for bankruptcy, and one of the properties is homestead?

 

[HomeGuru]

What is the name of your state? Florida

I own real estate property with two other persons, as joint tenants with rights of survivorship, but not as common tenants.

Can I sell, mortgage, rent or transfer my share of interest or portion of said properties, without the other owners' approval or authorization, but specially without their signatures?

**A: you can only sell or transfer your interest without their consent.
By doing so the joint tenenacy would automatically become Tenants in Common.
Since all owners own an undivided interest in the property, you could not mortgage or rent without their consent.
***********


How do actions that involve claims, demands lawsuits or liens against any particular owner, affect each other's interest on said properties, even if any have filed for bankruptcy, and one of the properties is homestead?

**A: question is too broad, vague and ambigious.
Please state the exact situation and pose the question.

 

[Angelitta Day]

I own real estate property with two other persons, as Joint Tenants With Rights Of Survivorship, But Not As Common Tenants. There is a pending lawsuit against one of the other owners, who was involved in a car accident, and has filed for bankruptcy.

Although one of the properties is our homestead; if said lawsuit prevails, can any or all of the properties be foreclosed in order to satisfy whatever amount is awarded against said owner, eventhough he has filed for banruptcy?

 

[HomeGuru]

I own real estate property with two other persons, as Joint Tenants With Rights Of Survivorship, But Not As Common Tenants. There is a pending lawsuit against one of the other owners, who was involved in a car accident, and has filed for bankruptcy.

Although one of the properties is our homestead; if said lawsuit prevails, can any or all of the properties be foreclosed in order to satisfy whatever amount is awarded against said owner, eventhough he has filed for banruptcy?

**A: this is why your post is still vague and a response cannot be given; what is the status of the lawsuit, was there a judgement adjudicated, if so, was the judgement listed on the BK petition, was the judgement also filed a as a lien against the real property, how many properties are you talking about, which property has the homestead, why are you asking about foreclosure, is is because the mortgage has not been paid or is in default, or is the foreclosure question pertaining to the judgement as a result of the lien due to the accident lawsuit?????????????????
I think I know what you are trying to ask.
If the property is held in JT and there is a judgement lien on one of the title holders, the property could be foreclosed on and the proceeds taken accordingly.
EX: property is owned in JT and sold for $100K with no mortgage. Creditor would get 50% and the other owner that was not the cause of the judgement would get the other 50%.

 

[Angelitta Day]

Will and Testament

I live in the state of Florida.

My parents and I jointly own real estate property including our residence, with Rights of Survivorship but not as Common Tenants. We agreed to jointly prepare our Will and Testament in one document, naming my three adult children as the Beneficiaries.

Q-1. Is this Will and Testament legally effective?

Q-2. Are we each supposed to have our individual Will and Testament, eventhough all of our assets are jointly owned?

 

[HomeGuru]

Re: Will and Testament

I live in the state of Florida.

My parents and I jointly own real estate property including our residence, with Rights of Survivorship but not as Common Tenants. We agreed to jointly prepare our Will and Testament in one document, naming my three adult children as the Beneficiaries.

Q-1. Is this Will and Testament legally effective?

**A: I don't know since I never saw it.
**********

Q-2. Are we each supposed to have our individual Will and Testament, eventhough all of our assets are jointly owned?

**A: yes, although a married couple could complete one together.

 

[HomeGuru]

I own real estate property with two other persons, as Joint Tenants With Rights Of Survivorship, But Not As Common Tenants. There is a pending lawsuit against one of the other owners, who was involved in a car accident, and has filed for bankruptcy.

Although one of the properties is our homestead; if said lawsuit prevails, can any or all of the properties be foreclosed in order to satisfy whatever amount is awarded against said owner, eventhough he has filed for banruptcy?

**A: this is why your post is still vague and a response cannot be given; what is the status of the lawsuit, was there a judgement adjudicated, if so, was the judgement listed on the BK petition, was the judgement also filed a as a lien against the real property, how many properties are you talking about, which property has the homestead, why are you asking about foreclosure, is is because the mortgage has not been paid or is in default, or is the foreclosure question pertaining to the judgement as a result of the lien due to the accident lawsuit?????????????????
I think I know what you are trying to ask.
If the property is held in JT and there is a judgement lien on one of the title holders, the property could be foreclosed on and the proceeds taken accordingly.
EX: property is owned in JT and sold for $100K with no mortgage. Creditor would get 50% and the other owner that was not the cause of the judgement would get the other 50%.

**A: how come you did not answer my questions????