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Karen, Home Buyer in 60305

tentents in common mean after death on a deed

Asked by Karen, 60305 Thu Aug 5, 2010

If a deed reads tenents in common but then you got married and never changed the deed and the home is in florida and has homestead does it go to probate

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Maggie Hawk’s answer
You really should talk to a real estate lawyer about this.

That being said, here's a scenario to consider. What if the parties have children from a previous marriage? By taking ownership originally as tenants in common, each has an ownership interest in the home that can descend, upon their death, to their legal heirs (in this case their children), and this may have been directed by a will.

When a married couple owns a property together in the state of Florida, the form of ownership is called tenants by the entireties It's a special form of joint tenancy between a husband and a wife, and like all forms of joint tenancy it involves the right of survorship. Survivorship means that when one party on the deed dies, that person's interest in the home automatically goes to the survivor.

However, what happens if the spouse who died had left his interest in the home to his children? And did the very fact of the couple getting married override the original deed, even though the couple never recorded a new deed as tenants in the entireties? As you can see, things are never as simple as they seem, Karen, so you're best bet is to seek advice from a real estate attorney. Good luck.

Warm regards,
Maggie Hawk, REALTOR
(386) 314-1149
Watson Realty Corp.
0 votes Thank Flag Link Fri Aug 6, 2010
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