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Sunshine Scales

Junior Member
What is the name of your state (only U.S. law)? Florida
I co-own a manufactured home in Florida with my partner. We do not own the land just the house. We are not married. The title of this house has both of our names. In the event my partner passes away-would I then own the house 100%. We are each both divorced; however, he has adult children from his previous marriage. I do not have any children from my previous marriage.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida
I co-own a manufactured home in Florida with my partner. We do not own the land just the house. We are not married. The title of this house has both of our names. In the event my partner passes away-would I then own the house 100%. We are each both divorced; however, he has adult children from his previous marriage. I do not have any children from my previous marriage.
It really depends on the actual wording on the title. I do not know if titles to manufactured homes are worded like regular real estate deeds, or if titles to manufactured homes are worded more like car titles. In each case there are variations in wording that determine whether each of you owns your 50% independently, or whether the two of you own 100% jointly.
 

Sunshine Scales

Junior Member
Manufactured Home

Any suggestions who we can ask to verify about the wording of the title, and its significance to ownership upon death of one of us? I can say that between both of our names is the word "or". To use an example, it reads "John Doe or Jane Doe". Would the county office know? Thank you for any assistance or direction.
 

LdiJ

Senior Member
Any suggestions who we can ask to verify about the wording of the title, and its significance to ownership upon death of one of us? I can say that between both of our names is the word "or". To use an example, it reads "John Doe or Jane Doe". Would the county office know? Thank you for any assistance or direction.
Ok, that means that you jointly own the property 100%. That means its all yours if your partner passes away.
 

latigo

Senior Member
Okay, thank you very much.
Please do not hasten to any premature conclusion about the legal significance of the alternative conjunction should it appear in the title to the manufactured home

The difficulty is knowing whether or not prefab home ownership is treated for these purposes by Florida the same as are motor homes and motor vehicles and the Florida statutes are not clear.

If they are treated alike, then the interposition of the word "or" is extremely significant as it would mean that ownership is held in joint tenancy. The legal consequences according to the statute being that upon death of a co-owner the deceased's interests passes to the survivor(s) without further incident; i. e., without need of probate. (See: Title XXIII, Chapter 319, Section 319.22(2)(a)(1) of the Florida Statutes)

However, the above Florida statute does not mention manufactured/modular homes specifically - only "motor vehicles" and "mobile homes". Nor does it seem that the legislature bothered to define the term mobile home.

Generally speaking co-ownership of any form of property - land or chattels - does not alone signify rights of survivorship.
 

justalayman

Senior Member
Actually Florida does in fact define mobile and manufactured homes.


Florida statutes;

320.01(2)(a) and (b)

A mobile home has an integral chassis. A manufactured home is a mobile home built after June 15, 1976


I have not hunted it up but pretty confident a modular home is a home built off site in sections and delivered on a removable transport chassis and assembled on site.


So to the question at hand, if titled "or" it is in fact held jointly with rights of survivorship just as a car would be and as stated in the statute latigo provided
 

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