Tenancy In Common

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

• ITT Rayonier v. Wadsworth
  346 So. 2d 1004· Fla.· 1977-04-28 ·cited 25×
  ITT Rayonier sought to quiet title to Florida homestead property against claims by three children of a deceased homestead owner. The Florida Supreme Court answered certified questions from the Fifth Circuit regarding whether a 1937 deed from the widow could serve as a valid 'root
• Thomas v. Thomas
  712 So. 2d 822· Fla. 2d DCA· 1998-07-08 ·cited 24×
  The court held that the value of exclusive use of the marital home awarded to one spouse should be factored into the calculation of the other spouse's child support obligation.
• Cyrilla Ann Harrell v. Harrell
  515 So. 2d 1302· Fla. 3d DCA· 1987-11-10 ·cited 24×
  In this post-dissolution property division case, the Florida District Court of Appeal reversed in part a trial court order that allocated credits from a forced sale of marital property. The court held that the trial court lacked jurisdiction to credit the husband with his share o
• Covin v. Covin
  403 So. 2d 490· Fla. 3d DCA· 1981-08-18 ·cited 24×
  The husband appeals a post-judgment order directing sale of the marital home. The court held that while it lacked jurisdiction to order partition absent proper pleadings and retained jurisdiction, it affirmed the partition (as a fait accompli) but reversed the fee awards against
• Berger v. Berger
  182 So. 2d 279· Fla. 4th DCA· 1966-01-19 ·cited 24×
  Ruth Berger appealed a divorce decree that awarded her ex-husband Robert Berger exclusive possession of their home and its contents, as well as custody and personal property rights. The Florida appellate court affirmed the custody and property distribution decisions but reversed
• Skelly Oil Co. v. Wickham
  202 F.2d 442· 10th Cir.· 1953-02-09 ·cited 24×
  The court held that an oil and gas lease terminated as to plaintiffs' interests when a well commenced during the primary term was completed as a dry hole, despite a second well being completed as a producer.
• Chidester v. City OF Newark
  162 F.2d 598· 3d Cir.· 1947-06-19 ·cited 24×
  The court held that heirs of a grantor are not indispensable parties in an ejectment action if their interests are not joint and would not be affected by the judgment, and that deeds with ambiguous descriptions are locatable with extrinsic evidence under New Jersey law.
• Wiley v. Sharlene Marie Wiley
  485 So. 2d 2· Fla. 5th DCA· 1986-01-16 ·cited 23×
  In a divorce appeal, the Florida Fifth District Court of Appeal reversed the trial court's award of attorney's fees due to insufficient testimony regarding hours worked, and reversed the trial court's reservation of jurisdiction to appoint a property sale commissioner, while affi
• Maxwell G. Hazelwood v. Hazelwood
  345 So. 2d 819· Fla. 4th DCA· 1977-04-29 ·cited 23×
  In this marriage dissolution appeal, the court affirmed the trial court's award of $1,000 monthly permanent alimony to a 44-year-old homemaker but reversed the award of exclusive possession of the marital home to the wife, finding it unsupported by competent evidence and inconsis
• Boles v. Boles
  59 So.2d 871· Fla.· 1952-06-27 ·cited 23×
  The Florida Supreme Court reviewed a divorce decree's property distribution. While affirming most of the decree, the court reversed the specific division of jointly owned lots, holding they should be treated as a tenancy in common after divorce.
• Bullard v. Altha Elaine Bullard
  413 So. 2d 1238· Fla. 3d DCA· 1982-04-27 ·cited 22×
  The court held that awarding the husband's interest in the marital home as lump sum alimony was an abuse of discretion, but affirmed the child support award.
• Nationwide Fin. Corp. of Colo. v. Thompson
  400 So. 2d 559· Fla. 1st DCA· 1981-07-07 ·cited 22×
  Nationwide Financial Corporation sought to enforce a judgment lien against Jack Thompson's interest in his marital residence, which was protected by Florida's homestead exemption. The court reversed the trial court's dismissal and remanded for factual determination of whether Jac
• Rosman Charles Diejuste v. Davis
  400 So. 2d 981· Fla. 4th DCA· 1981-04-08 ·cited 22×
  Res judicata bars any subsequent action between former spouses to litigate property rights arising during marriage where a final judgment of dissolution has been entered, unless jurisdiction was expressly reserved in the dissolution decree.
• Hartman G. Wilbur v. Wilbur
  299 So. 2d 99· Fla. 3d DCA· 1974-06-28 ·cited 22×
  The court held that a partition of jointly held property requires proper pleadings or agreement, and a mandatory life insurance policy for alimony is improper absent stipulation.
• Thompson v. Thompson
  223 So. 2d 95· Fla. 2d DCA· 1969-05-23 ·cited 22×
  T. Wayne Thompson appealed the denial of his motion to modify a divorce decree regarding visitation rights and the granting of modifications requested by his ex-wife, including permission to lease the marital home and an award of attorney's fees. The appellate court affirmed, hol
• Hanna Iris Rudolph v. Rudolph
  146 So. 2d 397· Fla. 3d DCA· 1962-11-13 ·cited 22×
  In this 1962 Florida divorce case, the appellate court affirmed the divorce grant but reversed key provisions regarding child custody, support payments, and cost allocation. The court held that divided custody is not in the child's best interests and modified the financial arrang
• Brown v. Brown
  123 So. 2d 298· Fla. 3d DCA· 1960-09-29 ·cited 22×
  The court held that the chancellor had jurisdiction to amend the divorce decree to adjudicate the children's interest in the property, as it was in their best interest and not a prohibited division of marital property.
• Agatha F. Allen v. Allen
  123 So. 2d 355· Fla. 2d DCA· 1960-09-28 ·cited 22×
  The appellate court affirmed the trial court's decision that transfers of the wife's separate property to her husband were gifts, not loans, despite the confidential relationship.
• Gonzalez v. Chase Home Fin. LLC
  37 So. 3d 955· Fla. 3d DCA· 2010-06-16 ·cited 21×
  In a residential mortgage foreclosure action, Chase Home Finance sought summary judgment against two co-owners of the mortgaged property. The court affirmed summary judgment against Freddy Gonzalez, the mortgagor, but reversed and remanded as to John Gonzalez, holding that a mort
• Crockett v. Crockett
  708 So. 2d 329· Fla. 1st DCA· 1998-04-02 ·cited 21×
  In this dissolution of marriage appeal, the First District Court of Appeal addressed five issues concerning equitable distribution of marital assets, including treatment of a loan to the former wife's son, valuation of real property, double-counting of financial accounts, residen
• Nelle J. Fitzgerald v. Geary S. Fitzgerald
  558 So. 2d 122· Fla. 1st DCA· 1990-03-09 ·cited 21×
  In this appeal from a partition order of a marital home, the former wife challenges two special equities awarded to the former husband. The court reverses both equities, holding that payments made as spousal support cannot be credited and that an ouster was not properly establish
• Losey v. Losey
  221 So. 2d 417· Fla.· 1969-04-09 ·cited 21×
  The Florida Supreme Court quashed a District Court of Appeal decision that affirmed a lower court's decree voiding a deed. The Supreme Court held that a deed creating an estate by the entirety between a husband and his second wife was valid, and that prior deeds and partnership a
• Quick v. Leatherman
  96 So. 2d 136· Fla.· 1957-06-26 ·cited 21×
  Quick, formerly married to Schrammel, sought her share of surplus proceeds from a tax sale of property they had owned as tenants by the entirety. The court reversed the lower court's dismissal, holding that the divorce decree's release of claims against her former husband did not
• Williams v. Williams
  6 So. 2d 275· Fla.· 1942-02-10 ·cited 21×
  This case concerns the interpretation of a trust agreement and a supplemental agreement regarding the distribution of trust property after the death of a beneficiary. The court clarified the rights of the deceased beneficiary's widow and the conditions under which the trust prope
• Sudholt v. Sudholt
  389 So. 2d 301· Fla. 5th DCA· 1980-10-15 ·cited 20×
  In a dissolution of marriage appeal, the court affirmed the trial court's denial of the wife's claim to a special equity in marital property (home and boat) purchased primarily with her real estate business income, but reversed the denial of the husband's partition claim, holding
• Wilisch v. Wilisch
  335 So. 2d 861· Fla. 3d DCA· 1976-08-03 ·cited 20×
  Lillian Wilisch appealed the trial court's denial of her partition action for two jointly-held properties and the retroactive modification of her divorce decree increasing her ex-husband's management fee. The appellate court reversed, holding that the trial court lacked jurisdict
• Hoskin v. Hoskin
  329 So. 2d 19· Fla. 3d DCA· 1976-01-20 ·cited 20×
  A divorced wife challenged a partition order of the marital residence where she and minor children resided with exclusive possession under the divorce decree. The court held that homestead property cannot be partitioned when occupied by the former wife and children as head of hou
• Owen v. Owen
  284 So. 2d 384· Fla.· 1973-06-27 ·cited 20×
  A trial court cannot order a husband to convey property held as an estate by the entireties to the wife absent a proven special equity or an award of lump sum alimony.
• Farr v. Rhoda Farr (Landis)
  249 So. 2d 761· Fla. 3d DCA· 1971-06-22 ·cited 20×
  William Farr appeals a post-final decree order determining property rights, child support, and appointing a special master in a divorce case. The Florida appellate court affirmed, holding that the trial court properly retained jurisdiction to determine property rights by consent
• Constant v. Tillitson
  214 So. 2d 91· Fla. 1st DCA· 1968-09-19 ·cited 20×
  An executrix appealed a probate court's final order determining ownership of estate assets and directing payment to another party. The appellate court held that the probate court lacked jurisdiction to determine whether a cashier's check held by two deceased spouses was owned as
• Gonzalez v. Gonzalez
  156 So. 2d 206· Fla. 3d DCA· 1963-09-17 ·cited 20×
  A chancellor is without authority to partition jointly owned property in a divorce action absent specific pleadings and agreement, and the alimony award may need reevaluation.
• Koon v. Wiley H. Koon
  55 Fla. 834· Fla.· 1908-01-01 ·cited 20×
  In this partition suit, the Florida Supreme Court reversed the lower court's decision to overrule a demurrer to a cross-bill filed by the defendant. The Court held that a cross-bill in a partition action is generally improper and that a partition suit is not the appropriate vehic
• In re Est. OF John B. Cleeves v. SUN Bank/Southwest, N.A.
  509 So. 2d 1256· Fla. 2d DCA· 1987-07-10 ·cited 19×
  A decedent's attempted devise of homestead property to his surviving spouse of less than a fee simple interest, or to a non-spouse, is invalid under Florida law.
• Sullivan v. Am. Tel. & Tel. Co., Inc.
  230 So. 2d 18· Fla. 4th DCA· 1969-12-10 ·cited 19×
  The court addressed whether a mother validly created a gift of jointly-held AT&T stock to her son by registering shares in their joint names. The court held that the mother retained full ownership of the stock at her death because she failed to satisfy the essential elements of a
• Lubarr v. Lubarr
  199 So. 2d 123· Fla. 3d DCA· 1967-05-09 ·cited 19×
  A divorce court can order division of jointly owned personal property if properly pleaded, but real estate division must follow statutory partition procedures.
• Hillman v. McCUTCHEN
  166 So. 2d 611· Fla. 3d DCA· 1964-07-07 ·cited 19×
  A mortgage on an estate by the entirety executed by only one spouse is ineffective as to the estate but creates an equity, and the mortgagor's interest vests momentarily as a tenant-in-common upon divorce, allowing the lien to attach.
• Little River Bank & Tr. Co. ad Litem of the Est. of D. A. Eastman v. Eastman
  105 So. 2d 912· Fla. 3d DCA· 1958-10-28 ·cited 19×
  Little River Bank & Trust Company, as creditor of a deceased estate, appealed a decree interpreting a deed executed by Donald A. Eastman to his wife Karen. The court affirmed that the deed created a right of survivorship in Karen despite technical defects in the estate-by-entiret
• Clawson v. Clawson
  54 So. 2d 161· Fla.· 1951-08-07 ·cited 19×
  The Florida Supreme Court reversed a lower court's decree that divided marital property and established a perpetual receivership. The court held that a receivership was an inappropriate remedy in this context and that the property division was premature while the parties remained
• Francis v. Francis
  133 Fla. 495· Fla.· 1938-07-18 ·cited 19×
  This case involves a dispute over property ownership decided within divorce proceedings. The appellate court affirmed the lower court's decree regarding the division of property, finding sufficient evidence to support the chancellor's findings.
• United States v. Certain Real Prop. Located AT 2525 Leroy Lane
  910 F.2d 343· 6th Cir.· 1990-08-08 ·cited 18×
  The dissenting judge would hold that the district court erred in awarding the innocent spouse full interest and placing the government in a judgment creditor position, arguing for a severance into tenancy in common.
• Norman J. and Beverly G. Magneson v. Commissioner OF Internal Revenue
  753 F.2d 1490· 9th Cir.· 1985-02-20 ·cited 18×
  Property acquired in a like-kind exchange with the intention of contributing it to a partnership for a general partnership interest qualifies for nonrecognition under Internal Revenue Code § 1031(a) if the partnership's purpose is to hold the property for investment and its asset
• Hiler v. Hiler
  442 So. 2d 373· Fla. 2d DCA· 1983-12-09 ·cited 18×
  The court held that the trial court abused its discretion by awarding the husband's interest in the jointly owned marital home to the wife as lump sum alimony.
• Pierce Liberman and Mitchell M. Murch v. Kelso
  354 So. 2d 137· Fla. 2d DCA· 1978-01-25 ·cited 18×
  A judgment of dissolution awarding sole title to entireties property to one spouse defeats the lien of a prior judgment against the other spouse, even if the conveyance occurs after the divorce is finalized.
• Gall v. Gall
  336 So. 2d 10· Fla. 2d DCA· 1976-08-04 ·cited 18×
  In this dissolution of marriage case following a 30-year marriage, the Florida appellate court reversed the trial court's denial of permanent alimony to the wife and its joint custody arrangement for the minor child, holding that permanent alimony remains available under Florida
• Jahaziah Shaw Webb, III v. Webb
  156 So. 2d 698· Fla. 3d DCA· 1963-09-24 ·cited 18×
  In this divorce case, the trial court awarded the non-resident husband's interest in jointly-held land to the wife as alimony, despite having only constructive service of process by publication that did not mention the land. The appellate court reversed, holding that a court lack
• Harrington v. Emmerman
  186 F.2d 757· D.C. Cir.· 1950-11-16 ·cited 18×
  The court held that the depositor's committee's demand for the funds while she was alive, and the defendant's refusal to divide the account, severed the joint tenancy and terminated survivorship rights, making the depositor's subsequent death immaterial to ownership.
• Young v. Garrett
  149 F.2d 223· 8th Cir.· 1945-05-09 ·cited 18×
  The court held that the grantors of one plaintiff and the administrators of certain estates were indispensable parties, and their inclusion would destroy diversity jurisdiction, thus affirming the dismissal of the cases.
• " Nancy E. Hobbs and J. W. Hobbs v. Frazier
  56 Fla. 796· Fla.· 1908-06-01 ·cited 18×
  A bankruptcy trustee sought to partition lands owned by the bankrupt and a third party as cotenants. The Florida Supreme Court held that a bankruptcy trustee lacks statutory authority to compel partition, as the trustee holds only legal title for debt-payment purposes and has no
• Williams v. Jader Fuel Co., Inc.
  944 F.2d 1388· 7th Cir.· 1991-10-01 ·cited 17×
  The court held that the trial court erred in granting a directed verdict on the breach of contract claim and the willfulness claim, as there were triable issues of fact for the jury.
• Pendleton v. Pendleton
  189 So. 2d 499· Fla. 4th DCA· 1966-06-30 ·cited 17×
  A chancellor's decision to deny alimony and not reserve jurisdiction for future alimony awards is within their sound discretion and will be affirmed if supported by the facts.