Legal Question in Real Estate Law in Florida

shared title/no money invested

i(only one to finance deal) purchased property that we were living in and still are, i was told by other person to put both parties on title for reasons of surviorship.

now other person on title is claiming part ownership without any financial investment. i wish to get ownership clear up because i've invested alot into the property. i ask for quit claim, but to no avail.

any help before this gets costly


Asked on 1/23/02, 9:26 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: shared title/no money invested

Your question is not very clear, however I will try to answer anyway.

If the other party is not married to you, and will not voluntarily execute a Quit Claim Deed in your favor, you may be forced to file a suit for Partition or to Quiet Title or both at the same time (different counts). The case will then be tried and a Judge will make a decision as to ownership rights of the property. You will be able to bring proof as to made the payments and who has made the monthly payments for the mortgage.

If the other party is your spouse, then the above does not apply. Your spouse has equal rights to all property purchased during the course of marriage regardless of who made the down payment or the monthly payments.

This is a serious legal question and you are advised to seek the advice of a qualified lawyer in your area to review the actual facts and analyze the situation.

Scott R. Jay, Esq. 305-249-8000

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Answered on 1/23/02, 9:51 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: shared title/no money invested

I have nothing further to add to Scott R. Jay's advice. Mr. Jay is on point. Seek the advice of counsel and good luck.

Regards,

Peter A. Gonzalez

305.445.0937

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Answered on 1/24/02, 10:26 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: shared title/no money invested

I see we all agree in the advice for you.

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Answered on 1/25/02, 4:11 pm


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