Tenancy In Common

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

• Cook v. Rochford
  60 So.2d 531· Fla.· 1952-08-05 ·cited 17×
  The Florida Supreme Court reversed a lower court's decision quieting title to land. The court held that a quitclaim deed conveying only a co-tenant's undivided interest does not provide color of title for adverse possession against the other co-tenant, especially without notice o
• Martina Schein v. Schein
  448 So. 2d 16· Fla. 3d DCA· 1984-03-13 ·cited 16×
  In this divorce appeal, the wife challenged the trial court's award of primary custody to the husband, exclusive possession of the marital residence to the husband, and denial of a special equity in certain funds. The appellate court affirmed the custody and asset distribution de
• Poling v. Tresidder
  373 So. 2d 405· Fla. 4th DCA· 1979-07-25 ·cited 16×
  In this interlocutory appeal from a divorce-related property dispute, the court reversed a trial court judgment that awarded the ex-husband credit for home improvements made after the parties sold their marital residence and divided the proceeds equally. The court held that the t
• Snider v. Snider
  371 So. 2d 1056· Fla. 3d DCA· 1979-05-29 ·cited 16×
  In this marriage dissolution case, Wilbur Snider appealed a trial court's denial of his claim for a special equity in two promissory notes and mortgages worth approximately $2,000,000 held jointly with his wife Evelyn. The appellate court affirmed the denial of the special equity
• Hoskin v. Hoskin
  349 So. 2d 755· Fla. 3d DCA· 1977-08-30 ·cited 16×
  In this dissolution of marriage appeal, the former wife challenges a post-judgment order requiring the sale of the marital residence. The Florida Third District Court of Appeal affirms the trial court's authority to enforce the executory provisions of the final judgment, includin
• Irena Dyndul v. Dyndul
  541 F.2d 132· 3d Cir.· 1976-08-10 ·cited 16×
  The District Court of the Virgin Islands exceeded its statutory authority by ordering a division of marital real estate other than the homestead in a divorce proceeding.
• Ranes v. Ranes
  311 So. 2d 370· Fla. 2d DCA· 1975-04-09 ·cited 16×
  Husband appeals a final judgment of dissolution of marriage where the trial court awarded exclusive possession of two parcels of real property (marital home and business property) to each spouse. The appellate court holds that while the exclusive possession awards were improper,
• Seesholts v. Beers
  270 So. 2d 434· Fla. 4th DCA· 1972-12-12 ·cited 16×
  In this partition action between ex-spouses who held property as tenants in common, the Florida appellate court reversed the trial court's award of a set-off to the wife for one-half the reasonable rental value of the home occupied exclusively by the husband. The court held that
• Hattie S. O'Briant Greer v. United States
  448 F.2d 937· 4th Cir.· 1971-09-01 ·cited 16×
  The court held that the farm was owned as a tenancy in common, not by the entireties, thus not entitling the estate to a full marital deduction. However, the court affirmed that the charitable remainder's value was presently ascertainable and deductible.
• Uwamie Tomiyasu v. Golden
  358 F.2d 651· 9th Cir.· 1966-03-30 ·cited 16×
  The court held that the district court erred in granting summary judgment based on res judicata, but should have abstained from exercising jurisdiction, remanding for dismissal without prejudice.
• Woods v. Petchell
  175 F.2d 202· 8th Cir.· 1949-06-07 ·cited 16×
  The court held that the plan of selling apartment units, despite lacking formal corporate structure, stock, or proprietary leases, constituted a "cooperative association" under the Housing and Rent Act of 1947, as amended, because the Declaration provided equivalent substitutes f
• Buss v. Prudential Ins. Co. of Am.
  126 F.2d 960· 8th Cir.· 1942-04-07 ·cited 16×
  The court held that a prior bankruptcy proceeding initiated by one tenant in common, without the other cotenant being a party, did not bar the second cotenant from seeking relief under the Bankruptcy Act, and that the prior orders were not res judicata as to her.
• Serkissian v. Newman
  85 Fla. 388· Fla.· 1923-04-10 ·cited 16×
  Fred P. Serkissian appeals a partition decree awarding B.B. Newman a seven-eighths interest in land based on the widow's alleged election to take a child's part in her deceased husband's estate. The Florida Supreme Court reverses, holding that the widow's election to take a child
• McCOOL v. Strata OIL Co.
  972 F.2d 1452· 7th Cir.· 1992-10-26 ·cited 15×
  The court held that the Illinois statute of limitations, as it existed on June 19, 1991, applies to the securities fraud claim due to Congressional action and the investors' reliance on prior precedent. The court also found no evidence of fraudulent concealment sufficient to toll
• Sharp v. Magali C. Hamilton
  520 So. 2d 9· Fla.· 1988-02-04 ·cited 15×
  A judgment of dissolution awarding entireties property to one spouse as lump sum alimony operates as a defeasance of the other spouse's interest, preventing liens against that spouse alone from attaching to the property.
• In re The Est. OF Eugene N. Suggs, Jr. v. Est. OF Eugene N. Suggs, Jr.
  405 So. 2d 1360· Fla. 5th DCA· 1981-11-18 ·cited 15×
  Frances Suggs appealed a trial court judgment denying her claim to be the common law wife of Eugene Suggs and denying her survivorship rights in jointly-titled real property. The court affirmed, holding that Suggs lacked capacity to enter a common law marriage because she was sti
• Clemon James Johnson, Jr. v. Johnson
  902 So. 2d 241· Fla. 1st DCA· 2005-05-18 ·cited 14×
  This case addresses the appealability of a final judgment of dissolution of marriage that identified marital property but did not expressly determine each party's percentage interest in the property. The court held that despite the trial court's failure to explicitly allocate int
• Adkins v. Adkins
  595 So. 2d 1032· Fla. 1st DCA· 1992-03-09 ·cited 14×
  The court held that a cotenant out of possession is entitled to offset the reasonable rental value of the property against the cotenant in possession's claims for mortgage, insurance, and tax payments.
• Pastore v. Pastore
  480 So. 2d 231· Fla. 1st DCA· 1985-12-30 ·cited 14×
  The court reversed the trial court's award of a vested property interest in the husband's future military retirement benefits, finding it should be considered for alimony rather than divisible marital property, and reversed the denial of credit to the husband for mortgage, tax, a
• Parramore v. Parramore
  368 So. 2d 1308· Fla. 1st DCA· 1978-12-12 ·cited 14×
  In a divorce dissolution proceeding, the husband appeals the trial court's division of real property held as tenants by the entireties, seeking to retain the entire property based on a claimed 'special equity.' The appellate court affirmed the trial court's holding that the prope
• Mullins v. Mullins
  342 So. 2d 83· Fla. 4th DCA· 1976-11-19 ·cited 14×
  A trial court lacks authority under the Florida Appellate Rules to order one spouse to pay for the other's appeal transcript costs prior to the appellate court filing its mandate.
• In re Penn Cent. Transp. Co.
  484 F.2d 323· 3d Cir.· 1973-06-14 ·cited 14×
  The court clarifies that the district court has statutory authority to consider a trustee's petition for a private sale of debtor's property without prior ICC referral.
• In re Clemens v. Clemens
  472 F.2d 939· 6th Cir.· 1972-12-20 ·cited 14×
  A purchase money resulting trust can be imposed on property where title is taken in the name of a natural object of bounty, provided the presumption of a gift is rebutted by clear and convincing evidence of the payor's intent.
• United States v. Kocher
  468 F.2d 503· 2d Cir.· 1972-10-30 ·cited 14×
  The court held that the United States may sell the entire property subject to a federal tax lien, even if the taxpayer only holds a partial interest, and may bid at the foreclosure sale. The court also affirmed the district court's certification of final judgment under Rule 54(b)
• Hegel v. Hegel
  248 So. 2d 212· Fla. 3d DCA· 1971-05-18 ·cited 14×
  In a divorce case involving a wealthy wife and a modest-earning husband, the court addressed whether jointly titled property acquired during marriage belonged entirely to the wife based on her financial contribution or was shared between the parties. The appellate court affirmed
• Moore v. Moore
  237 So. 2d 217· Fla. 4th DCA· 1970-03-30 ·cited 14×
  William Moore conveyed homestead property to himself and his then-wife Louise by deed, creating an alleged estate by the entireties. After their divorce, Louise sued for partition. The trial court granted summary judgment for Louise based on estoppel, but the appellate court reve
• Mays v. Eleanore Ball Mays
  203 So. 2d 674· Fla. 3d DCA· 1967-11-14 ·cited 14×
  When property is acquired and held jointly but only one spouse contributed the funds, absent evidence the contributing spouse intended a gift, the property belongs to the contributing spouse by resulting trust.
• Rasmussen v. Gardner
  374 F.2d 589· 10th Cir.· 1967-03-09 ·cited 14×
  The court held that a formal partnership is not required to divide self-employment income between co-owners of a family business for Social Security benefit purposes, as long as both contributed labor.
• Schoenthal v. Sylvan Schoenthal
  138 So. 2d 802· Fla. 3d DCA· 1962-03-19 ·cited 14×
  This case concerns a wife's appeal of a contempt finding and subsequent order to return furniture or forfeit her interest in the marital home to her husband.
• Giachetti v. Giachetti
  157 Fla. 259· Fla.· 1946-04-09 ·cited 14×
  In this divorce case, the Florida Supreme Court affirmed a chancellor's decree granting Mary Giachetti a divorce from Joseph Giachetti on grounds of cruelty, awarding her property interests in citrus groves, and allowing attorney's fees. The husband appealed on several grounds in
• Walker v. Sarven
  41 Fla. 210· Fla.· 1899-01-01 ·cited 14×
  Walker challenges a foreclosure decree that charged his entire interest in jointly-owned property with the full purchase money debt, when as a tenant in common he should only be liable for his one-half share. The Florida Supreme Court held that where co-tenants jointly purchase p
• Green v. Green
  16 So. 3d 298· Fla. 1st DCA· 2009-08-26 ·cited 13×
  Helen Green appeals a partition judgment awarding her ex-husband Ernest Green a $26,500 credit for mortgage payments he made on their former marital residence. The Florida appellate court reversed the credit award, holding that mortgage payments made pursuant to court order to pr
• Smith v. Smith
  761 So. 2d 370· Fla. 5th DCA· 2000-04-20 ·cited 13×
  Stephen Smith sought a writ of prohibition to prevent the forced sale of his homestead property to satisfy a child support and alimony lien imposed by his ex-wife Teresa. The Florida appellate court reversed the trial court's foreclosure order, holding that homestead property can
• Buckley v. Dep't OF Health & Rehabilitative Servs.
  516 So. 2d 1008· Fla. 1st DCA· 1987-11-24 ·cited 13×
  An applicant for AFDC benefits must be fully informed of provisions allowing exclusion of real property interests from asset calculations for six months during good-faith disposition efforts, and HRS's failure to provide such information requires reversal and remand regardless of
• Anne Marie Fischer v. Fischer
  503 So. 2d 399· Fla. 3d DCA· 1987-02-24 ·cited 13×
  A spouse exclusively possessing a jointly owned marital home is entitled to a credit for the other spouse's share of ownership expenses upon sale, unless specific circumstances justify otherwise.
• Anderson v. Anderson
  424 So. 2d 943· Fla. 5th DCA· 1983-01-05 ·cited 13×
  An ex-marital home held as tenants in common is subject to partition upon remarriage of the custodial spouse, regardless of that spouse's obligation to pay mortgage, tax, and insurance expenses.
• Higgins v. Higgins
  146 So. 2d 122· Fla. 3d DCA· 1962-11-05 ·cited 13×
  This case involves a couple who cohabited in Florida while both were still legally married to other individuals. The court reversed a divorce decree and property division, holding that no valid marriage existed and thus no divorce or estate by the entirety could be granted.
• Hogan v. Martin
  52 So.2d 806· Fla.· 1951-06-01 ·cited 13×
  The Florida Supreme Court reviewed an interlocutory order striking a portion of a defendant's answer. The case involved a husband who murdered his wife and then conveyed their jointly owned property to his attorneys. The court held that the husband, by murdering his wife, severed
• Smith v. City of Arcadia
  147 Fla. 375· Fla.· 1941-05-30 ·cited 13×
  Katherine T. Smith and the City of Arcadia both acquired title to the same property through different tax foreclosure proceedings—the City through municipal tax foreclosure and Smith through State and county tax foreclosure. The court held that they do not hold the property as te
• Tresher v. McElroy
  90 Fla. 372· Fla.· 1925-10-20 ·cited 13×
  This case concerns whether a wife can sue to recover property from her husband's assignee when the property was purchased with her own funds. The court affirmed the wife's right to sue, holding that Florida law grants married women significant property rights that supersede commo
• Hodgson v. Fed. OIL & Dev. Co.
  5 F.2d 442· 8th Cir.· 1925-03-28 ·cited 13×
  The court reversed the dismissal of the bill, finding that the United States was not an indispensable party, the award of the lease was not an adjudication in rem, the claim was not barred by section 18 of the Oil Leasing Act, and the allegations did not conclusively establish la
• Melida A. Demorizi v. Nestor M. Demorizi
  851 So. 2d 243· Fla. 3d DCA· 2003-07-30 ·cited 12×
  A former wife appealed the trial court's dismissal of her motion to compel reimbursement for a $46,555 joint tax deposit that her ex-husband claimed entirely on his tax return after their divorce. The appellate court reversed, holding that the trial court had jurisdiction to enfo
• Williams v. Marny S. Williams
  683 So. 2d 1119· Fla. 3d DCA· 1996-12-11 ·cited 12×
  In this divorce appeal, the Third District Court of Appeal affirmed a final judgment of dissolution of marriage, rejecting the former husband's challenges to the trial court's treatment of law firm stock as a marital asset, its valuation methodology including pending contingency
• Zanakis v. Zanakis
  629 So. 2d 181· Fla. 4th DCA· 1993-11-03 ·cited 12×
  The court held that even if mislabeled as a resulting trust, the facts supported the imposition of a constructive trust to prevent unjust enrichment.
• Elliott v. Krause
  531 So. 2d 74· Fla.· 1987-04-30 ·cited 12×
  The Tax Court erred by failing to adequately consider the contemporaneous tax-assessed value of the property, which is intended to represent fair market value under Ohio law.
• Holcomb v. Holcomb
  505 So. 2d 1385· Fla. 1st DCA· 1987-04-29 ·cited 12×
  The court held that the award of rehabilitative alimony was error given the wife's age, lack of skills, and the speculative nature of her future employability, and that she was entitled to a share in the husband's retirement and insurance plans.
• Dorothea Margaret Delehant v. Delehant
  442 So. 2d 1009· Fla. 4th DCA· 1983-11-23 ·cited 12×
  An award of exclusive possession of the marital home to a spouse in a dissolution action is error when there are no minor children or other legal justification to serve, even when done to offset other alleged trial court errors.
• Starcher v. Starcher
  391 So. 2d 340· Fla. 4th DCA· 1980-12-17 ·cited 12×
  In a dissolution of marriage case, the appellate court reversed the trial court's denial of the husband's claim for a special equity in marital property purchased during the marriage. The court held that the husband's down payment from pre-marital funds established a special equi
• DI Martino v. DI Martino
  360 So. 2d 1133· Fla. 3d DCA· 1978-07-18 ·cited 12×
  A trial court lacks jurisdiction to divest a party of their interest in property held as tenants by the entirety in a divorce judgment if the complaint did not plead for partition or a special equity, and the judgment did not contain such a finding or reserve jurisdiction.
• Todman v. Todman
  571 F.2d 149· 3d Cir.· 1978-02-10 ·cited 12×
  The court held that 5 V.I. Code Ann. tit. 33, § 2305(d) empowers a Virgin Islands divorce court to dispose of homestead property held by the entireties.