Legal Question in Real Estate Law in Florida

Divorce and Tenants by Entirety

H/W divorce and Final Judgment does not transfer homestead property (purchased as H/W), so I assume they now hold as Tenants in Common. They later remarry and stay in the same home, they een take out a mortgage, which they satsify a few years later. H dies, now heirs claim 1/2 interest. Does remarriage/mortgage revive previous Tenancy by the Entirety?

Asked on 11/26/07, 4:18 pm

2 Answers from Attorneys

Joseph Seagle Joseph E Seagle PA

Re: Divorce and Tenants by Entirety

Recent caselaw held that the tenancy by the entirety was severed by the divorce decree, and was not automatically revived by the subsequent remarriage of the parties.

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Answered on 11/26/07, 4:25 pm

Scott R. Jay Law Offices of Scott R. Jay

Re: Divorce and Tenants by Entirety

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once the parties became divorced, the tenancies by the entirities was broken and could only be fixed by a new deed. A remarriage does not patch the gap. Failing such, the title remains as tenants in common - each holding an undivided 1/2 interest.

Scott R. Jay, Esq.

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Answered on 11/29/07, 12:39 am

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