Larry Tolchinsky | January 1, 2018
In Florida, quitclaim deeds are one of the most common deeds to transfer real estate. (Other common deeds include general warranty deeds, special warranty deeds and personal representative deeds.) This is because a large number of transactions involving quit claim deeds are interfamily transfers (marriage, divorce, probate, etc.) The person signing a signing a quit […]
Larry Tolchinsky | June 27, 2017
In Florida, “homestead property” is residential real estate which is occupied by a person or family as their permanent residence. The legal concept of “homestead” is provided by the Florida constitution. Its purpose is to stop the family home, or homestead, from being sold to pay off debts incurred by the land owner. Tullis v. […]
Larry Tolchinsky | December 13, 2016
In Florida, there is more than one way to own an interest in real estate. It’s important to understand these ways before “taking title” to the property at the closing table. One key question in deciding how to own property: is the owner able to convey complete ownership in the future to a third party […]
Larry Tolchinsky | May 26, 2016
Last Update: 5/21/18 Is An Oral Agreement Not To Partition Florida Real Estate Enforceable? According to Florida case law as of the date of this article, in extreme cases, a judge can deny a partition if the judge determines that equity will not result if the remedy of partition is granted. See: Condrey v. Condrey, 92 […]
Larry Tolchinsky | April 25, 2016
Last Update: 5/21/18 Life Estates And Partition Of Florida Real Estate According to Florida case law as of the date of this article, generally, a fee title holder of an undivided interest in a parcel of real property has the right to bring a statutory action for partition without any concern about his or her reasons for seeking […]
Larry Tolchinsky | April 21, 2016
Last Update: 5/21/18 Can A Life Tenant Deed An Interest To A Remainderman Allowing For A Partition Of The Real Estate? According to Florida case law as of the date of this article, yes, a partition is provided only for those who have joint interests such as joint tenants, tenants in common, or joint heirs […]
Larry Tolchinsky | May 19, 2015
Last Update: 2/26/18 Can Heirs Force The Sale Of Property? In Florida, when a parent passes away owning real estate and they are the only owner or the only surviving owner, the property, whether it is the family home or the family vacation property, becomes part of the deceased parent’s probate estate. In most circumstances, […]
Larry Tolchinsky | May 12, 2015
Last Update: 04/18/16 You live in Florida and you just got divorced. The two of you bought a house while you were married, which is usually the most valuable marital asset. The judge finalized your divorce, but ownership and how the home is to be disposed of wasn’t mentioned or adequately addressed in the settlement […]
Larry Tolchinsky | May 20, 2014
Last Update: 10/28/17 There are all sorts of situations where someone may share ownership in Florida real estate and there are lots of good reasons to own real estate jointly; however, when things go south, jointly owned property can be a tremendous headache for all of the parties involved. Consider these situations where sharing ownership […]
Larry Tolchinsky | March 4, 2014
Last Updated: 08/01/16 Recently, we had a blog comment asking about the value of real estate and whether or not an underwater home should or can be partitioned under Florida law. Asked another way, is the value of real estate, and equity in the property, a factor in a decision (or demand) to partition property […]
