Legal Question in Real Estate Law in Florida

property agreement

My fiance and I recently purchased a home together and are joint tenants. We want the house to go to the other if one of us dies first.

However, I put $85,000 into this purchase with the equity from my previous home. We share the remaing mortgage and tax and insurance costs on a monthly basis.

We want to draw up an agreement that states that I will retain this money if we decide not to continue to own the home together, and that we agree to return the $85,000 to me and split any remaining profit from the sale.

What would be the best way to get this into writing?


Asked on 7/10/06, 9:54 am

2 Answers from Attorneys

Stephen Berlinsky The Berlinsky Law Firm, PA

Re: property agreement

The most simple way to protect you is for there to be a lien filed in favor of you for $85,000.00. The lien could be a mortgage. It should recite that it is the intent of the parties to acknowledge a lien in your favor representing the cash equity you invested from the sale of your former home.

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Answered on 7/10/06, 10:02 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: property agreement

Go to an attorney, unless you don't really care if it is done correctly.

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Answered on 7/10/06, 11:09 am


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