Legal Question in Real Estate Law in Florida
Ownership Dispute
my dad and his brother purchased a house in Hialeah Florida in 1989. now they are having major disputes because my dad was the one that paid the house in full and his brother only made the initial 30k downpayment. my dad wants to make sure that if anything happens to him my 3 siblings and I can inheret his part of the property. the problem is that in the deed of the house it says that the mortgagor is his brother and himself both single persons. I need to know if this means that his brother has right of suvivorship if my dad dies or if it would be treated as if they are tenants in common. to make sure my dad wants to transfer his part of the property to his children, so that he will no longer appear as one of the owners. is the quit claim deed the form he would have to use. could he transfer his part of the house without having his brother involved? if so what would be the best way? my dad is sick and he wants to get this resolved asap can someone please point me in the right direction.
2 Answers from Attorneys
Re: Ownership Dispute
This matter is too important to be handled this way.
I suggest you obtain a copy of the deed and speak with counsel.
If in fact it is owned as Tenants in Common he can convey his interest by recorded deed.
Re: Ownership Dispute
You should obtain a copy of the recorded deed and consult with a real estate attorney to make sure the intended goal is properly accomplished. If you wish to speak with me in more detail regarding this matter, please feel free to call my office, 305-424-0236. Incidentially, I grew up in Hialeah.
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