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Question-Florida Real Estate Law~"Tenants in Common" on Deed?

On December 14, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law

My husband and I live in New York and own a home.

The title of the home, on the deed, is "Tenants in common". This allows me to make a will and leave my part of the house to my child if I pass-on first. (This could not be done, making such a will, if the title were "jointly").

We are moving to Florida, and would like to know if we can purchase a home with "Tenants in Common" on the Deed, still allowing me to will my share to my daughter?

Is Florida law different? Would that half transfer to my husband although we had "Tenants in Common" on the deed?

One Response to “Question-Florida Real Estate Law~"Tenants in Common" on Deed?”

  1. Spock__rhp_ said:

    Feb 05, 09 at 8:04 pm

    Florida is not a community property state and what you describe can be done here.

    As always, it is wise to consult an attorney experienced in Florida probate law to have your Will updated so that it does not conflict with Florida law BEFORE you move here. The same attorney will advise you on the details of Florida home ownership.


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