Tenancy In Common

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

• Rebia Gladys Sharpe v. Sharpe
  267 So. 2d 665· Fla. 3d DCA· 1972-10-10 ·cited 42×
  A wife appealed a divorce judgment that ordered sale of the marital home with equal division of proceeds and awarded no alimony. The Florida District Court of Appeal reversed, holding that the trial court lacked authority to order the property settlement without appropriate plead
• United States v. Williams
  441 F.2d 637· 5th Cir.· 1971-04-05 ·cited 42×
  The court held that while the defendants were entitled to a jury trial on the legal issues of trespass and title, the evidence was insufficient to create a jury question, thus a directed verdict for the government was proper as to Williams. However, the court reversed and remande
• Allen v. Hawley
  6 Fla. 142· Fla.· 1855-01-01 ·cited 42×
  This case establishes that multiple owners of a merchant vessel hold their interests as partners in a copartnership rather than as tenants in common when the vessel is purchased with partnership funds and is subservient to a partnership business venture. The Florida Supreme Court
• Farrington v. Prince Farrington
  390 So. 2d 461· Fla. 3d DCA· 1980-11-25 ·cited 40×
  In this dissolution of marriage case, the Third District Court of Appeal reversed the trial court's orders requiring partition and sale of the marital home and business properties, but affirmed awards of child support, denial of special equity, and denial of alimony and attorney'
• Coggan v. Coggan
  239 So. 2d 17· Fla.· 1970-07-13 ·cited 40×
  A Florida Supreme Court case addressing whether a former husband who remained in exclusive possession of jointly owned real estate after divorce must account to his former wife for rental value. The Court held that absent evidence of adverse possession or actual ouster communicat
• Nell Weed v. Knox
  157 Fla. 896· Fla.· 1946-10-04 ·cited 40×
  Nell Weed appealed the dismissal of her bill seeking partition of real estate held in remainder following a life estate. The Florida Supreme Court affirmed the dismissal, holding that remaindermen cannot obtain compulsory partition among themselves during the existence of an outs
• Tinsley v. Tinsley
  490 So. 2d 205· Fla. 3d DCA· 1986-06-24 ·cited 38×
  The court held that a post-judgment order granting a credit to a spouse who paid the mortgage on jointly owned property after divorce is a clarification, not an impermissible modification, of the final judgment.
• Lisolette Burger v. Burger
  166 So. 2d 433· Fla.· 1964-07-13 ·cited 38×
  The Florida Supreme Court held that a circuit court has jurisdiction to dissolve a putative marriage where both parties were married to others at the time of their attempted marriage, even though the marriage is void ab initio. The court construed Florida's divorce statute to aut
• Bell v. Bell
  112 So. 2d 63· Fla. 3d DCA· 1959-05-14 ·cited 38×
  This consolidated appeal involves two cross-appeals in a divorce case between Rodney O. Bell and LaVerne W. Bell. The court addresses whether the trial court properly ordered the forced sale of jointly-held property in New York, reduced alimony, modified property disposition, and
• Cent. States Corp. v. Luther
  215 F.2d 38· 10th Cir.· 1954-08-13 ·cited 38×
  The bankruptcy court lacks jurisdiction to issue a turnover order for property not belonging to the bankrupt estate, especially in ordinary bankruptcy proceedings.
• Elvins v. Seestedt
  141 Fla. 266· Fla.· 1940-01-05 ·cited 38×
  The Florida Supreme Court affirmed denial of a motion to dismiss in a partition suit brought by equitable owners of property against a trustee and co-beneficiaries. The court held that beneficiaries of a naked or passive trust have the right to maintain partition proceedings, eve
• Murphy v. Murphy
  370 So. 2d 403· Fla. 3d DCA· 1979-04-17 ·cited 37×
  In this 1979 Florida divorce case, the court affirmed the trial judge's finding that the wife established a special equity in properties titled to the husband, despite a 1974 post-nuptial agreement allocating ownership percentages, because the wife provided all consideration from
• Diffenderfer v. Diffenderfer
  456 So. 2d 1214· Fla. 1st DCA· 1984-09-17 ·cited 36×
  In this dissolution of marriage appeal, the wife challenges the trial court's property division and alimony awards. The First District Court of Appeal affirms awards of marital property to the husband but reverses the trial court's failure to award permanent periodic alimony to t
• Hall v. Hall
  135 So. 2d 432· Fla. 3d DCA· 1961-12-18 ·cited 36×
  In this divorce property settlement dispute, the Florida District Court of Appeal affirmed an order requiring the husband to pay delinquent real property taxes on two parcels of land held jointly with the wife, finding the tax obligation fell within his agreement to maintain and
• Spencer v. Spencer
  160 Fla. 749· Fla.· 1948-07-30 ·cited 36×
  A tenant in common cannot acquire a tax title to common property against their cotenants; such a purchase is considered a payment of taxes for all.
• Kerivan v. Fogal
  156 Fla. 92· Fla.· 1945-06-19 ·cited 36×
  A widow who was actually bigamously married conveyed property to innocent purchasers. The heirs of the intestate sought to recover the property or assert a tenancy in common interest, but the Florida Supreme Court held that equitable estoppel prevented them from selectively relyi
• Lambert v. The Berkley S. Condo. Ass'n, Inc.
  680 So. 2d 588· Fla. 4th DCA· 1996-09-11 ·cited 35×
  James Lambert and other commercial unit owners appealed a trial court's damage award in a breach of contract case against Berkley South Condominium Association. The trial court found the condominium's governing documents ambiguous and determined that a hallway should be reclassif
• Allen v. Abner W. Gordon
  429 So. 2d 369· Fla. 1st DCA· 1983-03-15 ·cited 34×
  The court held that the evidence was sufficient to rebut the presumption of joint tenancy with right of survivorship, and the son's withdrawal of funds constituted conversion.
• Tullis v. Tullis
  360 So. 2d 375· Fla.· 1978-04-05 ·cited 34×
  The homestead provision of the Florida Constitution does not prohibit the partition and forced sale of homestead property when initiated by a co-tenant.
• Putman v. Putman
  154 So. 2d 717· Fla. 3d DCA· 1963-06-18 ·cited 34×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's decree awarding Mary Putman a divorce, alimony, child support, and use of the marital residence until the child reached majority, while affirming most provisions but reversing the requirement
• Weinstein v. Doreene Weinstein
  148 So. 2d 737· Fla. 3d DCA· 1963-01-22 ·cited 34×
  The court held that a wife can have a special equity in property accumulated during marriage, but a divorce decree cannot order the sale of homestead property held as an estate by the entireties without legislative authority.
• Harder v. Harder
  264 So. 2d 476· Fla. 3d DCA· 1972-07-11 ·cited 33×
  In this divorce case, the Florida District Court of Appeal reversed a trial court's order requiring the wife to convey all her remaining property to the husband as a property settlement, while affirming the award to the wife of the husband's interest in the marital home as lump s
• Ames v. Ames
  153 So. 2d 737· Fla. 2d DCA· 1963-05-01 ·cited 33×
  In this divorce case, the wife appeals a decree that granted her a divorce and cancelled deeds transferring hotel property to her, but required her to pay her own attorney fees and half the court costs. The appellate court affirmed the decree's substantive holdings but reversed t
• Picchi v. Picchi
  100 So. 2d 627· Fla.· 1958-02-19 ·cited 33×
  The court held that the Chancellor's property division and alimony awards in the divorce decree were supported by the evidence and equitable.
• Fenster v. Makovsky et ux.
  67 So. 2d 427· Fla.· 1953-10-09 ·cited 32×
  The Florida Supreme Court held that a broad arbitration clause in a partnership agreement cannot bar a party from seeking judicial relief through partition proceedings. The court invalidated the arbitration provision as an impermissible attempt to oust the courts of their jurisdi
• De Graum v. Jones
  23 Fla. 83· Fla.· 1887-01-01 ·cited 32×
  This case examines whether a married woman can be a partner in a business. The court held that a married woman lacks the legal capacity to enter into a partnership agreement, and therefore, cannot be held liable as a partner. This decision clarifies the legal limitations on a mar
• Hodge v. Ernestine Hodge
  507 F.2d 87· 3d Cir.· 1975-01-06 ·cited 31×
  The court held that the denial of a continuance was not an abuse of discretion, and the contempt finding and property sale order were proper, but the punitive suspension of visitation rights lacked sufficient findings and was vacated.
• Althea B. HU v. HU
  432 So. 2d 1389· Fla. 2d DCA· 1983-06-22 ·cited 30×
  The court held that awarding jointly owned property without proper pleadings or a special equity claim is error, and that rehabilitative alimony reductions must be justified by evidence.
• Patterson v. Patterson
  315 So. 2d 104· Fla. 4th DCA· 1975-06-06 ·cited 30×
  The court held that rehabilitative alimony was inappropriate given the wife's age and limited prospects, and that the award of the wife's interest in business property to the husband was an improper property settlement.
• Smith v. Smith
  378 So. 2d 11· Fla. 3d DCA· 1979-11-20 ·cited 29×
  In this Florida divorce appeal, the court reversed portions of a final judgment that had awarded a long-term homemaker only four years of rehabilitative alimony and required her to vacate the marital home within three months. The court held that permanent alimony was appropriate
• Manuel E. Abella-Fernandez, M.D. v. Abella
  393 So. 2d 40· Fla. 3d DCA· 1981-01-20 ·cited 28×
  The court held that a husband should receive credit for mortgage, tax, and insurance payments made on the former marital residence upon its sale or partition. It also held that a wife's right to occupy the marital home should not extend beyond her remarriage.
• Holbrook v. Holbrook
  383 So. 2d 981· Fla. 4th DCA· 1980-05-28 ·cited 28×
  The appellate court held that the wife was not entitled to a special equity in jointly held marital property because her contributions were not from a source unconnected with the marital relationship and were not extraordinary. The court also found that the wife's actions indicat
• Messer v. Addison L. Messer
  342 So. 2d 1076· Fla. 2d DCA· 1977-03-02 ·cited 28×
  The court held that the trial court erred in failing to award permanent alimony and in potentially believing it lacked authority to award the husband's interest in the marital home as lump sum alimony.
• Saviteer v. McADOO
  310 So. 2d 28· Fla. 2d DCA· 1975-04-02 ·cited 28×
  In a dissolution of marriage appeal, the court reversed the trial court's award of a special equity interest to the husband in a barbershop business. The court held that the presumption of a gift arising from funds withdrawn from a joint marital savings account was not rebutted b
• Massey v. Massey
  205 So. 2d 1· Fla. 3d DCA· 1967-12-12 ·cited 28×
  In this divorce case, the Florida appellate court modified the trial court's award of alimony and child support as inadequate and reversed the trial court's order requiring sale of marital property. The court held that the husband, a lawyer with substantial income, should pay mor
• Pemelman v. Pemelman
  186 So. 2d 552· Fla. 2d DCA· 1966-05-20 ·cited 27×
  In this 1966 Florida divorce appeal, the wife challenged a property settlement agreement as inequitable, fraudulent, and procured by coercion, and also contested the custody award of four minor children to the husband. The court affirmed the divorce decree and custody award, hold
• Dorinda POL v. POL
  705 So. 2d 51· Fla. 3d DCA· 1997-12-24 ·cited 26×
  Dorinda Pol appeals a trial court's decision denying her share of condemnation proceeds from a Miami Beach hotel. The court held that a forced condemnation sale constitutes a "transfer" or "sale" under the parties' agreement, entitling Dorinda to 50% of the proceeds despite the i
• Gesford v. Gesford
  337 So. 2d 1017· Fla. 4th DCA· 1976-09-17 ·cited 26×
  Lump sum alimony cannot be awarded merely to equalize economic positions absent a clear showing of necessity by the recipient spouse and pecuniary ability of the payor. Periodic alimony must be based on the payor's present ability to pay as of the trial date; if present ability d
• Coalla v. Coalla
  330 So. 2d 802· Fla. 2d DCA· 1976-04-21 ·cited 26×
  In this dissolution of marriage appeal, the Florida District Court of Appeal affirmed the trial court's award of permanent alimony to the wife but reversed portions of the judgment regarding the wife's use of the marital home and child support obligations extending beyond age 18.
• Adkins v. Edwards
  317 So. 2d 770· Fla. 2d DCA· 1975-07-23 ·cited 26×
  A cotenant ex-spouse occupying the former marital home after divorce is liable for the reasonable rental value to the other cotenant, which can be set off against reimbursement claims.
• Mintz v. Ellison
  233 So. 2d 156· Fla. 3d DCA· 1970-03-10 ·cited 26×
  A former husband appeals an interlocutory order requiring him to make mortgage payments on a former marital home after his ex-wife vacated it. The court held it lacked jurisdiction to impose this obligation because the house was no longer being used as a home by the wife and chil
• Forde v. Forde
  152 Fla. 142· Fla.· 1942-12-22 ·cited 26×
  The Florida Supreme Court affirmed a divorce decree, upholding the trial court's decision regarding both the divorce itself and the equitable distribution of property. The court found sufficient evidence of cruelty for the divorce and determined that the wife, who provided the ma
• Wolfson v. Heins
  6 So. 2d 858· Fla.· 1942-02-10 ·cited 26×
  The court considered whether a tax deed for a "private street" extinguished an easement previously held by abutting landowners. The court found that in Florida, tax sales of servient estates extinguish easements, and thus the tax deed conveyed a fee simple title free from the eas
• Maude E. Gaskins v. Mack
  91 Fla. 284· Fla.· 1926-02-15 ·cited 26×
  The Florida Supreme Court dismissed an appeal in a partition suit because necessary parties were omitted from both the decree and the appeal, making the case incomplete. The court addressed procedural defects arising from the plaintiffs' attempt to amend the bill and take a secon
• Rose v. Henderson
  63 Fla. 564· Fla.· 1912-01-01 ·cited 26×
  Rose and Bolles sought specific performance of a contract to purchase approximately 98,276 acres of Florida land from the Henderson heirs. The Florida Supreme Court held that the contract, being for the sale of the entire interest of three co-owners, could not be specifically enf
• Bruner v. Hart
  59 Fla. 171· Fla.· 1910-01-01 ·cited 26×
  This is a Florida Supreme Court decision on rehearing in a land ejectment case. The court affirmed the trial court's directed verdict for the defendants, holding that the plaintiffs, descendants of William J. Bruner, failed to establish title to disputed property in Jackson Count
• Lindsley v. Lizzie McIver and Charles McIver
  51 Fla. 463· Fla.· 1906-01-01 ·cited 26×
  In this Florida equity case concerning inheritance and partition of land, the court affirmed the lower court's rejection of a demurrer and plea to the bill, holding that the bill for partition properly alleged the necessary facts and that a prior decree dismissing a similar suit
• Bird v. Bird
  15 Fla. 424· Fla.· 1875-06-01 ·cited 26×
  This case concerns whether tenants in common of land can claim property rights in crops raised by a co-tenant in sole occupation, and whether a mortgagee of those crops is liable as a trustee to infant co-tenants. The Florida Supreme Court held that a tenant in common who exclusi
• Lavine Mendelson v. Great W. Bank
  712 So. 2d 1194· Fla. 2d DCA· 1998-06-19 ·cited 25×
  A former husband challenged a mortgage foreclosure on property he co-owned as a tenant in common, arguing he did not execute the mortgage and the mortgagee had actual knowledge of his interest.
• Starcher v. Starcher
  430 So. 2d 991· Fla. 4th DCA· 1983-05-11 ·cited 25×
  In this dissolution of marriage appeal, the court reversed the trial court's award of the husband's entire special equity claim in the marital home and applied the Florida Supreme Court's newly announced Landay formula to calculate the proper distribution of the property interest