Legal Question in Real Estate Law in Florida

My fiancÚ passed away 10 months ago. The house we shared for the past 4 1/2 was in his name his sons name and his brothers name. However, the brother is in Alaska and don't want nothing to do with the house and the son only lived there for a short period of time. I'm the only one who kept up with the house and the property, also I'm the only one who did repairs on the house and yard while being the only one who took care of him the entire time of his illness after giving up my life to do so. After 10 months of his passing and me being the only one in the house. Does his son have the right to come 10 months later and put me out of the room we shared or even the house seeing how there was no will even though we discussed many of times how he was going to leave me his portion of the house?

Asked on 9/09/13, 7:30 am

2 Answers from Attorneys

Byron Petersen Byron G. Petersen P.A.
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I just came off a case exactly like this... with the fiance who passed away and shared occupancy with the fiance. I am sorry for your loss.

To proceed in court the son would need a quit claim deed from the brother.

And instead of an eviction in the county court (which requires an underlying agreement to pay rent), the proper remedy would be "ejectment" in the circuit court.

Further, Florida does not permit common law marriage so a "spousal share" is not available.

And the matter is even more complicated since Florida requires written proof of title in the occupant.

None of this is good news for you. You would have the right to claim the value of everything you have done to improve or maintain the home.

The only possible alternative, as I see it, is to search for a letter or something which leaves your fiance's interest in the home to you. Here you will need to ask your question of an estates and trust lawyer. This is a tough one for you and does not seem like a fair fight.

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9/09/13, 8:20 am
Byron Petersen Byron G. Petersen P.A.
0 users found helpful
0 attorneys agreed

I just came off a case exactly like this... with the fiance who passed away and previously shared occupancy with the fiance. I am sorry for your loss.

To proceed in court the son would need a quit claim deed from the brother.

And instead of an eviction in the county court (which requires an underlying agreement to pay rent), the proper remedy would be "ejectment" in the circuit court.

Further, Florida does not permit common law marriage so a "spousal share" is not available.

And the matter is even more complicated since Florida requires written proof of title in the occupant.

Remember that you cannot be put out of your home except through judicial action. Self-Help by your brother is strictly forbidden. And any action has to be filed in the county where the home is located. It cannot be stressed enough that if you are served with court papers you follow the directions from the court or clerk to the letter.

None of this is good news for you. You would have the right to claim the value of everything you have done to improve or maintain the home. Often receipts are not available. You could also value your own time on the home.

The only possible alternative, as I see it, is to search for a letter or something which leaves your fiance's interest in the home to you. Here you will need to ask your question of an estates and trust lawyer. This is a tough one for you and does not seem like a fair fight.

Read more
9/09/13, 8:28 am

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