Legal Question in Real Estate Law in Florida

Deed to home change

My deed says, Joint Tenancy with right of survivorship. My business partner wants to change it so his children get his share when he dies rather than I. I don't want a change. He has threatened to take me to court. I thought the Deed was written in stone, and cannot be changed unless both parties agree.


Asked on 2/27/09, 7:22 pm

4 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Deed to home change

Only when a property is held as tenants by the entirety by a husband and wife is it cast in concrete without both husband and wife signing off. Your property will remain as joint tenants with right of survivorship unless and until one of you deeds his interest to someone else. At that point, the right of survivorship ends and the property is held as tenants in common (no right of survivorship). Or, either of you could sue the other in a Partition action asking the court to have the property divided (or sold and the proceeds divided, if it can't be divided).

Read more
Answered on 3/02/09, 4:24 pm
Steven Platzek Graner & Heimovics, P.A.

Re: Deed to home change

You are correct in your assumption that, generally speaking, the deed can not be changed unless all parties to the deed agree on said change. In the event your business partner retains counsel, I strongly suggest you do the same to protect your interests in the property. Should you wish to discuss this matter in greater detail, please do not hesitate to contact me.

Read more
Answered on 2/28/09, 8:54 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Deed to home change

Have to agree with Mr. Pyle.

Read more
Answered on 3/16/09, 8:28 pm
David Slater David P. Slater, Esq.

Re: Deed to home change

It can be changed to a tenancy in common.

Read more
Answered on 2/27/09, 9:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida