Legal Question in Real Estate Law in Florida

joint tenancy and mortgages

I co-own a home in Florida as Joint Tenant with right of survivorship. The other owner wanted a mortgage and I refused to sign. She made a new deed with her daughter as Joint tenant with right of survivor and obtained the mortgage. I do understand that as joint tenant we both have 100 percent interest and she can do what she wants with her interest. That does not make sense. If we both own 100 percent, how can it be divided 50/50? How can she put her daughter on as JTWROS without my consent? Is it an unsecured mortgage if I did not sign? It is also an amount way over her ''interest''. This is the second time she has done this.

What are my options?


Asked on 9/09/02, 11:16 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: joint tenancy and mortgages

She can do what ever she wants with her half. If she obtained a mortgage in excess of the value of her half she is doing wonders. Unfortunately this may pose a problem should you ever want to sell the entire piece as one.

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Answered on 9/09/02, 12:55 pm


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