joint tenancy

Guest

Myself and my significant other own a home in Florida. the deed reads"Michelle (last name) a single, and John(Last name) a single person, IN JOINT TENANCY whose address...etc"

The term "with rights of survivorship" are not on the deed?

Our intention is if one of us should die the house automatically goes to full ownership of the survivor.

Is that clause necessary in the state of Florida? Do we need to redo the Warantey Deed?

Thanks you,
Michelle

Posted: Thu Oct 02, 2008 6:13 am Post subject:

I believe it needs to include the "right of survivorship" verbiage - see Florida Code Sec. 689.15

elnoralittle · Posted: Thu Oct 02, 2008 9:11 am Post subject:

the way it is read now, I believe that the other person on the deed with you has the right to 'will' their portion of the deed to another, other than you. If the portion of the property is not willed, then it would automatically go to you. If it says with right of survivorship, then it automatically goes to you.

I would have the deed redone if you are not married.

charlesarmbruster · Posted: Thu Oct 02, 2008 11:03 am Post subject:

Visit a title company to ask for advice. The title company that did the work orginally is fine, but anyone can advise you -- including a real estate lawyer.

elnoralittle · Posted: Thu Oct 02, 2008 11:06 am Post subject:

Just call the title company used to create the first deed, they should help answer your questions easily.

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