Tenancy In Common

615 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bernstein v. Bernstein
  220 So. 2d 429· Fla. 2d DCA· 1969-03-14 ·cited 2×
  In a divorce case involving custody of three children, the Florida appellate court affirmed the trial judge's award of custody to the father despite the mother's emotional difficulties and infidelity during the marriage, but reversed the trial court's partition of property held a
• Holton v. Holton
  216 So. 2d 35· Fla. 3d DCA· 1968-11-26 ·cited 2×
  The court affirmed the trial court's award of attorneys' fees, costs, and $6300 to the wife as one-half of lease proceeds collected by the husband, finding no reversible error in the amended final decree.
• Argent v. Argent
  396 F.2d 695· D.C. Cir.· 1968-05-24 ·cited 2×
  A District of Columbia court with personal jurisdiction over parties in a divorce action has the authority to determine and adjudicate property rights in out-of-state real estate, even if it cannot directly award title.
• Borden v. Borden
  193 So. 2d 15· Fla. 3d DCA· 1966-12-13 ·cited 2×
  Carol Borden appealed from a divorce decree that granted the divorce to her husband, awarded him custody of the minor children and the marital home, and denied her alimony. The Third District affirmed the decree, finding sufficient evidence supported the husband's fitness as cust
• Vinnie A. Murphy v. Commissioner OF Internal Revenue
  342 F.2d 356· 9th Cir.· 1965-02-10 ·cited 2×
  The court held that property converted from community property to separate property before the decedent's death does not receive a new basis for the surviving spouse's share under I.R.C. § 1014(b)(6).
• Young v. Coop. Refinery Ass'n
  320 F.2d 485· 10th Cir.· 1963-07-25 ·cited 2×
  The court held that the plaintiff failed to meet its burden of proving the jurisdictional amount in controversy.
• Honolulu OIL Corp. v. Katharine H. Kennedy and Mark C. Elworthy
  251 F.2d 424· 9th Cir.· 1957-06-17 ·cited 2×
  The court held that the agreement created a covenant running with the lease, not a trust or fiduciary relationship, and thus the action for underpayment was barred by the statute of limitations.
• Katzman v. Hoffman
  242 F.2d 354· 3d Cir.· 1957-03-25 ·cited 2×
  The court held that a landlord and tenant relationship existed for certain periods, making rent regulations applicable and reversing summary judgment for the defendant.
• Cole v. Cole
  3 Fla. Supp. 91· Dade Cty. Cir. Ct.· 1953-02-26 ·cited 2×
  In this 1953 divorce case, the court granted a dissolution of marriage between spouses of significantly different ages and religious views who had engaged in premarital cohabitation and later conflicting sexual practices. The court denied the wife alimony despite recommending she
• Starns v. Humphries
  189 F.2d 357· 9th Cir.· 1951-05-01 ·cited 2×
  The court held that in a case of equitable cognizance, the trial court must enter findings of fact and conclusions of law, and cannot simply enter judgment on an advisory jury's verdict.
• Delatour v. Prudence Realization Corp.
  167 F.2d 621· 2d Cir.· 1948-04-05 ·cited 2×
  Certificate holders are entitled to interest at the mortgage rate (6%) rather than the certificate rate (5.5%) after the mortgagor and guarantor defaulted, because the default nullified the limitation on interest to the certificate rate.
• Kind v. Manley
  150 Fla. 437· Fla.· 1942-04-21 ·cited 2×
  This case addresses whether a tenant in common who purchases a mortgage lien on the entire property can foreclose against their co-tenant's share for half the debt. The court held that such a foreclosure is permissible, applying equitable principles.
• Thalis v. Wurdeman
  121 F.2d 70· D.C. Cir.· 1941-03-17 ·cited 2×
  A landlord who misrepresents sole ownership cannot avoid a lease by claiming partial ownership by co-tenants not party to the suit.
• Ropes v. Willliam McCabe
  40 Fla. 388· Fla.· 1898-06-01 ·cited 2×
  The Florida Supreme Court reversed a partition decree where the trial court improperly entered a decree pro confesso (confession of the bill) against a co-tenant without proper procedural authorization. The court held that partition cannot be decreed without a valid confession or
• Bird v. Earle & Perkins
  15 Fla. 447· Fla.· 1875-06-01 ·cited 2×
  This case involves a dispute over a mortgage on crops, where co-tenants of the land sought to assert their rights against the mortgagee. The court affirmed the foreclosure decree, finding that the co-tenants' claims did not invalidate the mortgage on the crops produced by one of
• Orman v. J. & D. J. Day & the Apalachicola Land Co.
  5 Fla. 385· Fla.· 1853-01-01 ·cited 2×
  This case involves a dispute over the cost of a shared partition wall between two adjacent lots. The court held that the owner who built the wall without the express consent or agreement of the adjacent landowner or their lessees could not claim contribution for the expense.
• Kersey v. Abraham
  394 So. 3d 68· Fla. 6th DCA· 2024-01-05 ·cited 1×
  The appellate court reversed in part a trial court's judgment concerning damages and income distribution from a trust property. The court found the trial court erred in calculating damages for the appellant's occupancy of a trust property after she resigned as trustee and in orde
• Lucila Murphy v. Lenis Osorio and Velia Pouso
  299 So. 3d 446· Fla. 3d DCA· 2020-01-02 ·cited 1×
  The appellate court reversed a final judgment quieting title to real property, finding the trial court misconstrued the jury's verdict. The jury only determined a specific deed was forged, but did not decide which deed was operative or who held legal title. The case was remanded
• Simon v. Koplin
  159 So. 3d 281· Fla. 2d DCA· 2015-03-04 ·cited 1×
  The court held that the deed's express language providing for a right of survivorship controls, even if the necessary unities for a joint tenancy are absent, and therefore the property passed to the surviving grantees.
• Friscia v. Friscia
  161 So. 3d 513· Fla. 2d DCA· 2014-08-27 ·cited 1×
  A probate court determined that a deceased former husband's interest in a marital home retained homestead exemption status despite a marital settlement agreement (MSA) providing for eventual sale of the property. The appellate court affirmed, holding that the MSA's sale provision
• Aderhold v. Aderhold
  983 So. 2d 43· Fla. 1st DCA· 2008-05-05 ·cited 1×
  Victor Aderhold appeals the trial court's dissolution of marriage judgment, which divided marital property by treating Aderhold, his wife, and his mother as tenants in common with equal one-third interests. The appellate court reverses, holding that the spouses properly took titl
• Gribbin v. Gribbin
  499 So. 2d 858· Fla. 4th DCA· 1986-12-03 ·cited 1×
• Gainsborg v. Gainsborg
  362 So. 2d 1028· Fla. 3d DCA· 1978-10-03 ·cited 1×
  In this post-divorce contempt proceeding, the trial court ordered the husband to pay arrearages and continue his share of mortgage payments on the marital home held as tenants in common. The husband appealed, arguing the court lacked jurisdiction to require such payments outside
• Kelly v. Kelly
  361 So. 2d 428· Fla. 4th DCA· 1978-06-21 ·cited 1×
  This case concerns a husband's attempt to modify a 1969 divorce judgment regarding alimony, child support, and exclusive possession of the marital home. The appellate court affirmed the trial court's partial modification, finding jurisdiction to alter alimony and upholding the co
• Garmon v. Garmon
  357 So. 2d 487· Fla. 1st DCA· 1978-04-19 ·cited 1×
• First Research Corp. v. Nat'l Indus. Bank OF Miami
  272 So. 2d 822· Fla. 3d DCA· 1973-02-12 ·cited 1×
  The court affirmed that property conveyed as an undivided one-half interest to a spouse creates a tenancy in common with survivorship rights, not an estate by the entireties, and the property is subject to levy against the debtor-spouse.
• Bendl v. Bendl
  246 So. 2d 574· Fla. 3d DCA· 1971-04-13 ·cited 1×
  In this partition suit, the Florida District Court of Appeal held that a surviving spouse's interest in property held as an estate by the entirety is not subject to a judgment lien against the deceased spouse, even if the property was homestead during his lifetime. The court reve
• Stewart v. Stewart
  231 So. 2d 230· Fla. 3d DCA· 1970-02-10 ·cited 1×
  The court held that the trial judge did not abuse discretion by not ordering the husband to make mortgage payments on the marital home, leaving the decision to the wife.
• Massaglia v. Commissioner OF Internal Revenue
  286 F.2d 258· 10th Cir.· 1961-01-03 ·cited 1×
  The court held that the Commissioner is not estopped from changing his position on the characterization of property for tax purposes when controlling state law changes, and the overruling state court decision applies retroactively.
• Vega v. Jannia Jaramillo
  Fla. 6th DCA· 2026-09-04
  Property classified as marital in a dissolution judgment does not automatically convert to joint ownership or create standing for partition under Florida law. A party seeking partition must demonstrate legal title or a right to partition, which cannot be established merely by the
• Dominguez v. Suarez
  Fla. 3d DCA· 2026-08-26
  Partition by sale is a matter of right for co-owners of indivisible property when the statutory prerequisites are met and no recognized defense applies; a trial court abuses its discretion by denying partition and imposing an alternative remedy not framed by the pleadings and uns
• Deedra Artis v. Stephens
  Fla. 4th DCA· 2026-06-03
  A cotenant who makes foreclosure payments to cure another cotenant's breach of an unequal expense-sharing agreement is entitled to full reimbursement, but a cotenant ousted from property is entitled to compensation measured by the reasonable rental value of the subject property,
• Lantz v. Gibson
  Fla. 1st DCA· 2025-12-03
  When property is held as a tenancy in common and an agreement is silent regarding liability for expenses, the paying tenant is entitled to credit from sale proceeds for the non-paying co-tenant's proportionate share of common expenses, unless the agreement or special circumstance
• Seaborn v. Seaborn
  Fla. 2d DCA· 2025-06-18
  A cotenant is not entitled to rent from a cotenancy based solely on the other cotenant's exclusive possession; the cotenant seeking rent must prove ouster or adverse possession, which requires communication of a claim to exclusive ownership. While the property was held in trust b
• Smith v. Slott
  S.D. Fla.· 2023-07-20
  A bankruptcy estate's chapter 7 trustee and a creditor settled their dispute over a commercial property through a settlement agreement that included cash bond repayment, joint sale of their respective property interests, and mutual releases, and the district court affirmed the ba
• Thayer v. Hawthorn
  Fla. 4th DCA· 2023-04-12
  A warranty deed transferring homestead property to spouses as tenants in common does not waive homestead rights unless it contains language clearly evincing an intent to waive such rights, such as explicit language releasing inheritance interests or conveying all hereditaments. G
• Thayer v. Hawthorn
  Fla. 4th DCA· 2023-04-12
  This case addresses whether a spouse waived her homestead rights by executing a warranty deed that conveyed property to herself and her husband as tenants in common. The appellate court reversed the trial court's decision, holding that the deed's language was insufficient to waiv
• Weisblat v. Feldman
  Fla. 4th DCA· 2023-04-05
  The appellate court reversed a lower court's decision that a decedent could not terminate a joint tenancy with right of survivorship by executing a quitclaim deed to himself. The court held that such a self-conveyance is a valid method to terminate the joint tenancy and create a
• LEE v. Katja Susanna LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees in the family law case, and reversed the denial of consolidation and the denial
• LEE v. Katja LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action concerning marital assets after a divorce granted in Finland. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees, finding the trial
• Merli v. Merli
  Fla. 4th DCA· 2022-01-05
  The appellate court affirmed a lower court's decision granting summary judgment to the decedent's wife, recognizing her spousal rights and appointment as personal representative. The court held that a partial marital settlement agreement did not constitute a waiver of these right
• Merli v. Merli
  Fla. 4th DCA· 2022-01-05
  Richard Merli, the decedent's brother, appealed a probate court order appointing his deceased brother's wife, Donna Merli, as personal representative of the intestate estate and recognizing her spousal rights. The brother argued the partial marital settlement agreement between th
• Maritza Ramos v. In re the Est. of Eleida Ramos
  Fla. 3d DCA· 2021-10-06
  Maritza Ramos, personal representative of Pedro Ramos's estate, appealed a summary administration order granting Kenia Exposito control of the Homestead property as an asset of Eleida Ramos's estate. The court reversed, holding that the property was held as a tenancy by the entir
• Alvarez v. Logue
  Fla. 3d DCA· 2021-02-24
  A bankruptcy court cannot strip a valueless lien from property where only one mortgagor is before the court, as bankruptcy proceedings bind only the debtor and that debtor's creditors.
• Lowry v. C.A. No. 2019-0269-SG Nicole M. Irish
  Del. Ch.· 2020-09-18
  The Court granted the Petitioner's Motion for Judgment on the Pleadings, finding that the co-ownership agreement's waiver of partition rights was unenforceable due to an unreasonable restraint on alienation. The agreement, which purported to bind heirs and assigns and lacked a de
• In re the Est. of Richard L. Degroat
  Del. Ch.· 2020-04-30
  The court held that Lucinda Papa breached her fiduciary duties to Richard DeGroat under common law and the Durable Personal Powers of Attorney Act by engaging in self-dealing transactions and misappropriating his assets. The court found that Lucinda and her current husband, Micha
• Cohen v. Cohen
  Fla. 3d DCA· 2020-02-26
  The appellate court affirmed a lower court's order enforcing a mediated settlement agreement between siblings regarding the sale of commercial properties. The court found the settlement agreement's terms regarding the acceptance of contracts at a minimum price to be clear and una
• Fernandez v. Romena Marrero
  Fla. 3d DCA· 2019-09-25
  The appellate court affirmed a partition judgment, holding that the appellant was not entitled to credits for down payment, closing costs, or pre-closing expenses. The court found these were presumed gifts or voluntary expenditures before ownership, but affirmed the award for pos
• Green v. Shockley
  Del. Ch.· 2019-04-29
  The Court of Chancery denied the petitioner's exceptions to the Master's final report, upholding the Master's inclusion of rental income from the estate administration period in the partition analysis and finding no unfair prejudice to the petitioner. The court also denied the re
• Levy M. Bishop v. State
  Fla. 1st DCA· 2019-04-05
  A joint tenancy with an express right of survivorship may be severed by the unilateral action of one co-tenant through conveyance of their interest to a third party. Such severance converts the estate into a tenancy in common and destroys the survivorship rights of the original j