Tenancy In Common

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

• Kelley v. Kelley
  444 So. 2d 588· Fla. 2d DCA· 1984-02-03
  In a dissolution of marriage case, the appellate court reversed and remanded the trial court's final judgment regarding alimony and child support, finding that the husband's financial obligations exceeded his demonstrated ability to pay. The court affirmed the trial court's denia
• United States v. 79.31 Acres OF Land
  717 F.2d 646· 1st Cir.· 1983-09-15
  A cotenant's claim to compensation in a condemnation action is limited to their proportionate share of ownership, and possessory acts coupled with a claim of title can establish a right to compensation for an undivided interest, even without perfect legal title.
• Ratinska v. Est. OF Roman Denesuk
  447 So. 2d 241· Fla. 2d DCA· 1983-09-09
  A direct conveyance from an individual to themselves and another as joint tenants with right of survivorship is valid and does not require the use of a strawman.
• Brown v. Brown
  429 So. 2d 846· Fla. 4th DCA· 1983-04-20
  The court held that the husband was entitled to a special equity in the home and furnishings because he provided all the consideration from premarital savings, and there was no evidence of a gift or donative intent by the wife.
• Pace v. Rocco Pace
  427 So. 2d 232· Fla. 3d DCA· 1983-02-15
  In this marital dissolution appeal, the wife challenged the trial court's award of lump sum alimony and rehabilitative alimony. The appellate court affirmed the property division and financial allocations but modified the alimony award from rehabilitative to permanent alimony, gi
• O.C. Murders v. Alfred D. Bieley, P.A.
  424 So. 2d 973· Fla. 3d DCA· 1983-01-11
  This Florida appellate case addresses whether a creditor attorney can execute on a wife's interest in marital property when the wife has filed for bankruptcy. The court held that the automatic stay provision of the Bankruptcy Act bars the execution proceeding.
• Erick v. Erick
  423 So. 2d 602· Fla. 3d DCA· 1982-12-21
• Monnar v. Monnar
  422 So. 2d 362· Fla. 3d DCA· 1982-11-30
  Florida appellate court affirmed the trial court's denial of alimony and exclusion of personal injury settlement proceeds from marital property, but reversed provisions requiring the wife to bear all maintenance costs for jointly-owned condominium and the denial of attorney's fee
• Mirabal v. Mirabal
  416 So. 2d 868· Fla. 3d DCA· 1982-07-13
  A trial court cannot award alimony, lump sum or otherwise, when the parties have expressly waived it and the wife sought only a determination of her interest in marital property.
• Wiggins v. Wiggins
  415 So. 2d 861· Fla. 5th DCA· 1982-06-23
  The court reversed an order staying a partition action on the marital home and remanded for proper proceedings. The trial court had stayed the partition without hearing evidence or following proper modification procedures, even though denying partition to protect minor children's
• Strollo v. Gertrude Harriet Strollo
  365 So. 2d 189· Fla. 1st DCA· 1978-12-01
  Vincent Strollo appeals a final judgment dissolving his marriage to Gertrude Strollo, challenging the alimony and child support awards, the treatment of mortgage payment responsibility, and the termination provisions for spousal support. The First District Court of Appeal affirme
• Lincoln L. Jacobs v. Jacobs
  358 So. 2d 74· Fla. 1st DCA· 1978-04-21
  In a post-divorce dispute over timber sale proceeds, the Florida appellate court reversed a judgment awarding the ex-wife 50% of timber sales revenue, limiting her recovery to 10% based on the actual timber cut from the parcel she selected. The court found that while the ex-husba
• Raphael Steinhardt v. Steinhardt
  353 So. 2d 1241· Fla. 3d DCA· 1978-01-10
  In this interlocutory appeal from a discovery dispute, the Third District Court of Appeal held that a trial court properly sustained certain objections to a defendant's discovery notice to produce but erred in sustaining objections to three specific requests that were sufficientl
• Rutkin v. Sondra Rutkin
  345 So. 2d 400· Fla. 3d DCA· 1977-05-03
  A spouse who reduces the mortgage principal on a jointly held marital home after dissolution is entitled to a credit for the portion allocable to the ex-spouse's interest, which must be charged against the ex-spouse's share of the sale proceeds.
• Robinson v. Robinson
  340 So. 2d 935· Fla. 4th DCA· 1976-11-19
  In this divorce appeal, the court addressed the division of marital property and the trial court's authority to restrict the parties' ability to encumber or dispose of their interests in the marital home. The court affirmed the finding that both parties had equal interests in the
• Hinson Boyd v. Lane
  335 So. 2d 324· Fla. 1st DCA· 1976-06-16
  An adverse possession claim without color of title may be proven by substantial competent evidence of actual occupation and adverse claim when the disputed property can be identified by ascertainable boundary markers known or determinable at trial.
• Elvir Stossel v. Stossel
  331 So. 2d 352· Fla. 4th DCA· 1976-04-23
  The court held that the ex-wife had only a tenant in common interest in the property, not a special equity, and thus was entitled to only half the proceeds designated for the mortgage payoff.
• Yelvington v. Denmark
  328 So. 2d 526· Fla. 3d DCA· 1976-03-02
  Helen Yelvington and Broward Sand Co. appealed a summary judgment in favor of lessors Denmark et al. regarding a sand mining contract. The court reversed, finding no individual liability for Helen Yelvington since no judgment was entered against her deceased husband Elijah, and d
• Groves v. Cumberland Cap. Corp. & Richard Dance
  522 F.2d 446· 6th Cir.· 1975-07-31
  The court affirmed the district court's judgment, finding that the defendant was not a bona fide purchaser for value based on Tennessee law.
• Davis v. Davis
  313 So. 2d 451· Fla. 2d DCA· 1975-06-04
  In a divorce case involving a 28-year marriage with no children, the appellate court upheld the trial court's denial of the wife's request for lump sum alimony in the form of the husband's interest in the marital home, but reversed the trial court's order requiring sale of the ho
• Smith v. Smith
  43 Fla. Supp. 60· Alachua Cty. Cir. Ct.· 1975-06-03
  The court held that the respondent's equity in the jointly owned property was equal to his arrearages, and the petitioner was entitled to sole ownership of the property, subject to existing encumbrances.
• Ramirez v. Ramirez
  309 So. 2d 25· Fla. 4th DCA· 1975-04-18
  The trial court erred in ordering the disposition of jointly owned marital property within a specific timeframe or through a partition sale.
• Greta Landsberg v. Landsberg
  294 So. 2d 664· Fla. 3d DCA· 1974-05-14
  In this third appeal of a divorce dispute between Greta and Jack Landsberg, the court affirmed most of the trial court's order on mandate but reversed in part and remanded to correct two deficiencies: the failure to provide for monthly payments to the wife for the husband's share
• Wilson v. Wilson
  279 So. 2d 893· Fla. 4th DCA· 1973-06-22
  In this dissolution of marriage appeal, the Fourth District Court of Appeal reversed the trial court's alimony award and property division, finding the trial court abused its discretion by awarding only temporary alimony to a wife who had been married 23 years, had no earning abi
• Serianni v. Serianni
  41 Fla. Supp. 62· Broward Cty. Cir. Ct.· 1973-04-24
  In this 1973 Florida divorce case, the court dissolved the marriage and awarded the wife a 26.79% stock interest in the husband's Servan Land Company (valued at approximately $1,018,020) based on her special equity. The wife had contributed her savings, jewelry, and substantial b
• Englebright v. Englebright
  275 So. 2d 287· Fla. 3d DCA· 1973-03-06
  Virginia Englebright appealed a judgment denying her partition petition and awarding her ex-husband full title to jointly-owned property. The Florida appellate court reversed, finding that the divorce decree's language created a tenancy in common between the spouses, entitling th
• Frederick v. Frederick
  37 Fla. Supp. 151· Seminole Cty. Cir. Ct.· 1971-09-08
  In this post-divorce partition action, the court set aside a judicial sale of the marital residence due to significant irregularities and confusion in the sale process, including ambiguities in the judgment of partition regarding deposit requirements and contradictory instruction
• Zuidhof v. Gerda Zuidhof
  242 So. 2d 739· Fla. 4th DCA· 1971-01-08
  In a divorce case, the appellate court found that the trial court erred in awarding the wife a special equity in the marital home and ordered the parties to be tenants in common with a 50% interest each.
• Chevron OIL Co. v. Clark
  432 F.2d 280· 5th Cir.· 1970-09-28
  A tender of a letter of credit, even if protested, may be sufficient security if the operator demands more than the agreement allows and retains the tender. A suspended corporation's assets cannot be validly transferred by its president without board approval, especially when the
• Gibb H. Amason v. The Franklin Life Ins. Co.
  428 F.2d 1144· 5th Cir.· 1970-06-25
  A spouse retains a community property interest in a life insurance policy purchased with community funds, even after divorce, unless the divorce decree specifically divides the property. A change of beneficiary by one spouse after divorce cannot divest the other spouse of their c
• Connell v. Connell
  235 So. 2d 339· Fla. 3d DCA· 1970-05-12
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's grant of divorce and denial of the wife's counterclaim for separate maintenance, but modified the alimony award. The court increased the wife's support by requiring the husband to pay mortgage
• Pace v. The First Nat'l Bank OF Osawatomie
  404 F.2d 52· 10th Cir.· 1968-11-27
  The court held that the decedent's intent to create a joint tenancy was not sufficiently clear under Kansas law, and thus the plaintiff did not acquire survivorship rights.
• Bullard v. Bullard
  195 So. 2d 876· Fla. 2d DCA· 1967-03-03
  In this divorce case, the trial court awarded the husband use and occupancy of the marital home but held that title converted to a tenancy in common upon divorce pursuant to Florida statute. The appellate court affirmed the divorce and custody award but remanded to determine whet
• Joyner v. Rogers
  182 So. 2d 628· Fla. 4th DCA· 1966-02-14
  In a partition action following divorce, the trial court awarded the ex-husband rent for use of property the ex-wife possessed. The appellate court reversed the rent award because the husband failed to plead such a claim in his complaint and the wife was legally entitled to posse
• Jenkins v. Peters
  288 F.2d 401· D.C. Cir.· 1961-03-09
  The court held that the defendants acquired title by adverse possession and that the plaintiffs were barred by laches from asserting their claim.
• Allen v. Allen
  17 Fla. Supp. 91· Palm Beach Cty. Cir. Ct.· 1961-01-05
  The court held that the District Court of Appeal's opinion clearly established the transfers as loans, and the final decree must reflect this finding, vesting title to the stock in the defendant subject to a lien for the loan amount.
• Dist. OF Columbia v. BEN LAR Assocs.
  261 F.2d 376· D.C. Cir.· 1958-10-23
  The court held that the gain from the sale of property was received by the individuals as tenants in common, not by an unincorporated business.
• Brodsky v. The Perth Amboy Nat'l Bank
  259 F.2d 705· 3d Cir.· 1958-10-07
  The court held that the failure to join indispensable parties, specifically all co-tenants of the real estate, was fatal to the counterclaim.
• Petri v. Rhein
  257 F.2d 268· 7th Cir.· 1958-06-27
  The court held that the transfers of stock effectively created joint tenancies with the right of survivorship under Illinois law, despite the transferor being both the original owner and one of the joint tenants.
• Phillips v. Inez M. Krensky
  98 So. 2d 788· Fla.· 1957-12-04
  Phillips and Krensky, co-partners in a property ownership partnership, dissolved their partnership upon the sale of partnership assets to Westview Country Club. Phillips received a mortgage as partial consideration for his interest while Krensky received cash, leading Krensky to
• Hogan v. Hogan
  250 F.2d 412· D.C. Cir.· 1957-11-27
  A court lacks the power to partition or award real property held by the entireties to one spouse when a divorce is denied.
• Duane v. Marcellus Staley and Dave Starr
  98 So. 2d 74· Fla.· 1957-10-25
  Occupancy of premises evidenced by construction of a building or erection of a tool shed with visible indicia of ownership constitutes constructive notice of an adverse claim to land, sufficient to put a subsequent judgment creditor on notice to inquire.
• Miles v. Brown
  9 Fla. Supp. 191· Citrus Cty. Cir. Ct.· 1956-07-31
  In this ejectment action, the court dismissed the complaint for failure to state a cause of action because plaintiffs claimed only an undivided one-half interest in the property without establishing the legal basis for maintaining suit as tenants in common. The court granted plai
• Loyd M. Colclazier v. Colclazier
  89 So. 2d 261· Fla.· 1956-06-27
  The Florida Supreme Court affirmed a lower court decree determining which properties of a deceased testator belonged to his estate and were subject to his will versus which properties belonged to his surviving spouse by right of survivorship or other legal title. The central issu
• Rosendahl v. Rosendahl
  7 Fla. Supp. 175· Palm Beach Cty. Cir. Ct.· 1955-02-14
  In this 1954-1955 Florida divorce case, the court granted Sylvia Rosendahl an absolute divorce from Russell E. Rosendahl and allocated property, custody, and support obligations between the parties. The case involved preliminary temporary relief followed by entry of a final divor
• Johnson v. Johnson
  2 Fla. Supp. 199· Pinellas Cty. Cir. Ct.· 1952-10-02
  William M. Johnson Jr. and Barbara Joyce Johnson Hancock sued to set aside a devise of homestead property on grounds that their deceased father remained the head of a family despite divorce. The circuit court held that a divorced man paying support obligations cannot claim homest
• Allen v. Meyer
  195 F.2d 940· 9th Cir.· 1952-04-30
  A co-tenant in a business is liable for debts incurred by the other co-tenant acting as agent, even if not a partner.
• Seng v. Corns
  3 Fla. Supp. 171· Lake Cty. Cir. Ct.· 1951-07-17
  A Florida circuit court addresses whether a survivor of a joint bank account in Illinois has the right to the account balance upon the death of the other account holder. The court held that under Illinois law, the joint deposit contract created a right of survivorship independent
• Harvey v. United States
  185 F.2d 463· 7th Cir.· 1950-11-30
  Profits and income derived from property originally gifted to a spouse, and reinvested or accumulated, are considered the separate property of that spouse for purposes of the estate tax exception for jointly held property.
• Schneider v. Murphy
  183 F.2d 777· 5th Cir.· 1950-08-05
  The court held that the Henderson transaction conveyed Arthur Kelley's full legal and equitable interests to himself and May Kelley Schneider as joint tenants with right of survivorship, vesting May with the entire five-sixths interest after Arthur's death, and that this transact