Legal Question in Real Estate Law in Florida
Hi I've been married since 1999 we have 3 children, the house we live in, my wife says "it's our house" and I mention looking for another home my wife says "we don't need to we have a house." Well I got a copy of the Warranty Deed RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA says
THIS WARRANTY DEED Made this 6th day of February, 2012, by WILLIAM D. COLLINS (wifes step father) and MARILYN S. COLLINS (wifes Bio mother), his wife hereinafter called the grantor, to HEATHER BUCHKO and MARILYN S. COLLINS, as joint tenants with full right of survivorship whose address is :___________hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the hiers, legal representatives and assigns of individuals, and the successors and assigns of corporations)
What does this mean? Marilyn does not live or reside in the home. Do I have any ownership to the house since I'm married to Heather as my name is not mentioned at all in the DEED or have I been HOODWINKED?
3 Answers from Attorneys
It means that Heather and Marilyn own the property jointly. If your wife dies first, Marilyn becomes the owner, and you have nothing. If Marilyn dies first, then your wife is the sole owner, and you have have marital rights since it appears to be your wife's homestead.
Therefore, it is possible you have no ownership interest depending upon the circumstances.
You dont have an ownership interest on the deed as drawn. You may have a homestead right if you live in the property. Hard to know if you have been taken advantage of since you dont describe how the property was to be acquired. I would seek some legal advice.
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