Tenancy In Common

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

• Davis v. Elanine A. Davis
  282 So. 2d 655· Fla. 4th DCA· 1973-09-11 ·cited 12×
  The court held that separate funds contributed to jointly owned property are presumed a gift unless rebutted, requiring equal division of proceeds.
• Walborsky v. Evelyne Walborsky
  258 So. 2d 304· Fla. 1st DCA· 1972-02-08 ·cited 12×
  In this divorce modification appeal, the Florida First District Court of Appeal addressed whether a trial court could order the husband to convey his interest in the marital home to the wife and whether it properly denied him reasonable visitation with his daughters. The court he
• Adria Smith Stanton v. United States
  434 F.2d 1273· 5th Cir.· 1970-12-02 ·cited 12×
  The United States has not consented to be sued in a partition action when its ownership and possession of the property are disputed, as such an action would constitute an unconsented suit to try title.
• Dixon v. Manning J. Davis
  155 So. 2d 189· Fla. 2d DCA· 1963-07-10 ·cited 12×
  The court held that the phrase 'share and share alike' in a will, when devising property to beneficiaries including a married couple, clearly evidences an intent to create a tenancy in common, overriding the presumption of tenancy by the entirety.
• Wilburn v. Wilburn
  143 So. 2d 518· Fla. 2d DCA· 1962-07-18 ·cited 12×
  This case involves a divorce dispute between Margaret and E. Thomas Wilburn, where the wife appeals the chancellor's decree granting divorce, awarding bank stocks to the husband, and determining alimony. The appellate court affirms the divorce on grounds of constructive desertion
• Rudman v. Baine
  133 So. 2d 760· Fla. 1st DCA· 1961-10-19 ·cited 12×
  In this case of first impression in Florida, the court upheld the trial court's denial of defendants' motion to dismiss a partition complaint. The issue was whether co-owners of mineral rights could bring a partition action under Florida law when they did not hold the surface rig
• Dryden v. Dryden
  265 F.2d 870· 8th Cir.· 1959-04-14 ·cited 12×
• Holt v. King
  250 F.2d 671· 10th Cir.· 1957-12-16 ·cited 12×
  The federal court has jurisdiction over a quiet title action involving property rights, even if it requires interpreting a will, as long as it does not interfere with the probate court's administration of the estate.
• John v. Kilian
  97 So. 2d 201· Fla. 3d DCA· 1957-10-03 ·cited 12×
  In this divorce appeal, the Florida District Court of Appeal affirmed a decree awarding the wife the husband's interest in their jointly owned home as lump sum alimony. The court rejected the husband's argument that property held as tenants by the entireties could not be awarded
• Sullivan's Estate v. Commissioner of Internal Revenue
  175 F.2d 657· 9th Cir.· 1949-06-24 ·cited 12×
  The court held that a gift made by a joint tenant in contemplation of death is includible in the gross estate only to the extent of the transferor's interest, and a termination of joint tenancy for adequate consideration is not taxable under 26 U.S.C. § 811(c).
• Commissioner of Internal Revenue v. Fortney Oil Co.
  125 F.2d 995· 6th Cir.· 1942-02-07 ·cited 12×
  Organizations formed for the transaction of business, with continuity of life, centralized control, and profit motive, are considered 'associations' for federal tax purposes, regardless of state law characterization.
• Anne Mattison Akers v. Corbett
  138 Fla. 730· Fla.· 1939-06-23 ·cited 12×
  Anne Mattison Akers sued to enforce a stock purchase and pledge agreement with L. O. Corbett concerning the J. E. Corporation, which owned the Tropics Hotel. The Florida Supreme Court reversed the lower court's final decree because it appointed a receiver without establishing a d
• Moseley v. Taylor
  68 Fla. 294· Fla.· 1914-11-17 ·cited 12×
  The Florida Supreme Court reversed a lower court's decision to overrule a demurrer, finding that the complainant's claim was barred by laches. The case clarifies that parties asserting homestead claims must act with reasonable diligence to protect innocent purchasers.
• Eliza Simmons v. Spratt
  26 Fla. 449· Fla.· 1890-06-01 ·cited 12×
  This case concerns whether a deed of distribution executed by Isaiah D. Hart's executors conveyed legal title to land that was devised to Daniel W. Hart and subsequently inherited by his niece, Lula Dearing. The court held that the deed effectively conveyed Dearing's share throug
• Barabas v. Barabas
  923 So. 2d 588· Fla. 5th DCA· 2006-03-24 ·cited 11×
  In this dissolution of marriage case, the husband appealed a final judgment that awarded the disputed marital home to both parties as tenants in common. The Fifth District Court of Appeal reversed, holding that the trial court lacked jurisdiction to adjudicate property rights of
• Biondo v. Althea A. Powers
  743 So. 2d 161· Fla. 4th DCA· 1999-10-20 ·cited 11×
  John Biondo appeals a partition sale judgment that allocated 85% of proceeds to co-owner Althea Powers and 15% to him based on their respective investments. The Fourth District Court of Appeal reversed the allocation method, holding that as equal cotenants, each party should rece
• Sylvio Tabet v. Tabet
  644 So. 2d 557· Fla. 3d DCA· 1994-10-12 ·cited 11×
  A judgment creditor sought to enforce a California divorce judgment against his ex-wife's property interest in Florida real estate titled to a German entity. The trial court dismissed for lack of personal jurisdiction, but the appellate court reversed, holding that a judgment deb
• Roth v. Roth
  611 So. 2d 1268· Fla. 3d DCA· 1992-12-08 ·cited 11×
  A party ordered to pay mortgage as support is not entitled to credit for those payments upon sale of the home.
• Sharpe v. Calabrese
  528 So. 2d 947· Fla. 5th DCA· 1988-07-14 ·cited 11×
  A judgment creditor ex-wife sought to foreclose a recorded money judgment lien against real property conveyed by the judgment debtor ex-husband to innocent third-party purchasers. The trial court denied foreclosure on equitable grounds, but the appellate court reversed, holding t
• Stearns v. Landmark First Nat'l Bank OF Fort Lauderdale & Willard F. Stearns
  498 So. 2d 1001· Fla. 4th DCA· 1986-12-10 ·cited 11×
  Hazel Stearns appealed a partial summary judgment granted to Landmark Bank on her conversion and punitive damages claims arising from the bank's sale of Treasury Notes pledged as security for loans on which her signature had allegedly been forged. The appellate court reversed the
• Claughton v. Claughton
  483 So. 2d 447· Fla. 3d DCA· 1986-01-14 ·cited 11×
  The court held that the trial court erred in applying the incorrect legal standard for equitable distribution and in failing to consider all marital assets.
• Wittock v. Ramponi
  446 So. 2d 271· Fla. 4th DCA· 1984-03-14 ·cited 11×
  The court held that the trial court erred in refusing to set aside the default judgment because the pleadings and exhibits clearly showed the plaintiff was not entitled to relief as a matter of law.
• Johnson v. Hon. Ralph B. Ferguson, Jr.
  383 So. 2d 715· Fla. 3d DCA· 1980-05-06 ·cited 11×
  Johnson sought a writ of mandamus to prevent the circuit court from ordering the immediate sale of the former marital home. The Third District Court of Appeal held that the trial court lacked jurisdiction to enter the sale order more than one month after the final judgment of dis
• Muhlrad v. Muhlrad
  375 So. 2d 24· Fla. 3d DCA· 1979-09-11 ·cited 11×
  The court held that a trial court cannot order the sale of real or personal property held as tenants by the entireties in a dissolution of marriage action without the parties' agreement or proper partition pleadings.
• Hasle v. Maasbrock
  120 So. 2d 794· Fla. 3d DCA· 1960-05-19 ·cited 11×
  The court held that the evidence was sufficient to support the partition decree and that the appellant failed to prove the existence of a resulting or constructive trust.
• Winchester v. Bertie Wells
  265 F.2d 405· 5th Cir.· 1959-04-06 ·cited 11×
  The court held that the deed's express survivorship provision was valid under Florida law, meaning the deceased grantee's interest did not pass to her estate for partition.
• Cannova v. Carran
  92 So. 2d 614· Fla.· 1957-01-30 ·cited 11×
  The Florida Supreme Court reversed a trial court decree that divided property equally between the estates of two unmarried cohabitants, holding that absent a valid marriage or sufficient proof of a constructive trust or joint venture, property held in one person's name belongs to
• Brady v. Brady
  55 So. 2d 907· Fla.· 1951-12-04 ·cited 11×
  The Florida Supreme Court affirmed a lower court's decision, holding that a son who married and became the head of his own family dissolved the "family relationship" with his father, thus the property in question was not a homestead at the time of the father's death. This case cl
• Elvins v. Seestedt
  148 Fla. 408· Fla.· 1941-11-04 ·cited 11×
  The Florida Supreme Court addressed whether a resulting trust arose when a corporation advanced funds to purchase property that was titled in the corporation's secretary-treasurer's name and subsequently conveyed to a trustee. The court held that parol evidence is admissible to e
• Ada Russell v. Stickney
  62 Fla. 569· Fla.· 1911-06-01 ·cited 11×
  Ada Russell and other heirs of Silvanus Pinder sought partition of land conveyed to their ancestor in 1882, but the lower court dismissed the suit based on laches, finding the complainants had failed to assert ownership for nearly 18 years. The Florida Supreme Court reversed, hol
• Tate v. Tate
  91 So. 3d 199· Fla. 2d DCA· 2012-06-15 ·cited 10×
  In this Florida family law appeal, the Wife challenges the trial court's final judgment dissolving the marriage on multiple grounds, including the disposition of a beach condominium, equitable distribution errors, failure to address prepaid college funds, and child support calcul
• Velzy v. The Est. OF Ashley Rodman Miller & George W. Greer
  502 So. 2d 1297· Fla. 2d DCA· 1987-02-20 ·cited 10×
  Velzy appealed from summary judgment dismissing her partition action for a one-half interest in a boat owned by her deceased ex-spouse. The court affirmed, holding that her claim was barred by both the four-year statute of limitations and the three-month claims filing requirement
• In re A.G. Livingston v. A.G. Livingston and Stella Livingston
  804 F.2d 1219· 11th Cir.· 1986-11-25 ·cited 10×
  The court held that a tenancy in common with cross-contingent remainders, as created by Alabama law, is not among the cotenancy types listed in 11 U.S.C. § 363(h) that permit a trustee to force a sale of a co-owner's interest.
• Moraitis v. Galluzzo
  487 So. 2d 1151· Fla. 4th DCA· 1986-04-23 ·cited 10×
  Moraitis and Galluzzo were co-tenants in common of a dental office building. When Moraitis left the practice, Galluzzo claimed an oral contract to purchase Moraitis's interest and sought specific performance. The trial court granted specific performance and denied Moraitis's part
• Wooten v. Nichola Rhodus
  470 So. 2d 844· Fla. 5th DCA· 1985-06-13 ·cited 10×
  Wooten sought to establish an equitable interest in property he co-owned with his ex-wife Rhodus after their brief marriage ended. The trial court dismissed his claim based on res judicata, but the appellate court reversed, finding Rhodus was equitably estopped from raising res j
• Wiggins v. Parson
  446 So. 2d 169· Fla. 5th DCA· 1984-02-02 ·cited 10×
  This case of first impression in Florida addresses whether a joint owner's complete withdrawal of funds from a jointly-owned credit union account severs the right of survivorship. The court held that withdrawal and placement of funds beyond the other joint owner's control destroy
• Frambach v. Dunihue
  419 So. 2d 1115· Fla. 5th DCA· 1982-08-25 ·cited 10×
  The Frambachs appeal a judgment awarding Dunihue an undivided one-half interest in their home as a tenant in common. The court reversed, holding that while Dunihue may be entitled to an equitable lien for his improvements, he cannot claim ownership interest without proof of a pro
• Dutton v. Dutton
  379 So. 2d 111· Fla. 3d DCA· 1979-09-18 ·cited 10×
  The court held that the award of permanent alimony and the requirement to maintain a life insurance policy for the wife's benefit constituted an abuse of discretion.
• Pearson v. Pearson
  342 So. 2d 1018· Fla. 4th DCA· 1977-02-11 ·cited 10×
  The court held that the property settlement agreement, as written, did not require the wife to quit claim her interest in jointly owned real estate to the husband.
• Ross v. Ross
  341 So. 2d 833· Fla. 3d DCA· 1977-01-25 ·cited 10×
  In this dissolution of marriage case, the trial court awarded the wife lump sum alimony (the marital home, furnishings, and a new automobile), periodic alimony of $1,000 per month charged against the husband's estate, an equal division of joint assets, and attorney's fees. The hu
• Evans v. Evans
  337 So. 2d 998· Fla. 4th DCA· 1976-07-09 ·cited 10×
  In this marital dissolution case, the Fourth District Court of Appeal reversed the trial court's allocation of assets based on its establishment of 'special equities' for each party. The appellate court held that special equities require a burden of proof exceeding preponderance
• Rocca v. The United States
  500 F.2d 492· Ct. Cl.· 1974-07-19 ·cited 10×
  The court held that plaintiffs are not entitled to reimbursement for litigation expenses because the taking was a legislative act by Congress, not by a federal agency, and the conditions for reimbursement under the Uniform Relocation Assistance Act were not met. The court affirme
• Landsberg v. Greta Landsberg
  259 So. 2d 727· Fla. 3d DCA· 1972-03-21 ·cited 10×
  In this divorce appeal, both Jack and Greta Landsberg challenged various aspects of the trial court's judgment. The appellate court upheld most of the divorce decree's provisions but reversed the alimony and child support awards, directing the trial court to consolidate multiple
• O'Shea v. O'Shea
  221 So. 2d 223· Fla. 4th DCA· 1969-03-26 ·cited 10×
  In this divorce appeal, the Florida District Court of Appeal reversed a trial court's decision that awarded all jointly held property to the wife, holding instead that the parties should be deemed tenants in common. The court found that the wife had voluntarily transferred her pr
• Tompkins v. Tompkins
  145 So. 2d 769· Fla. 3d DCA· 1962-10-23 ·cited 10×
  Betty Tompkins appealed a divorce decree that awarded custody of three minor children to her husband and declined to divide the parties' jointly owned property. The appellate court affirmed the custody award based on evidence of the mother's alcohol addiction and neglect, but cla
• Leonard v. Browne
  134 So. 2d 872· Fla. 1st DCA· 1961-11-14 ·cited 10×
  A Florida appellate court addressed whether a daughter of deceased estate owners could sue in circuit court for an accounting against the executors and partition of estate property. The court held that such matters fall within the exclusive jurisdiction of the probate court, but
• Bailey v. Bailey
  126 So. 2d 165· Fla. 3d DCA· 1961-01-23 ·cited 10×
  In this divorce case, the Florida District Court of Appeal affirmed the trial court's finding that the husband proved extreme cruelty and reversed the property transfer provision that divested the husband of his interest in the marital residence while also awarding him alimony in
• Coleman v. Jackson
  286 F.2d 98· D.C. Cir.· 1960-11-17 ·cited 10×
  An ineffective attempt to create a tenancy by the entirety between unmarried individuals creates a joint tenancy with right of survivorship, as the parties' expressed intent for survivorship should be given effect.
• Jones v. Jones
  121 So. 2d 811· Fla. 3d DCA· 1960-07-11 ·cited 10×
  The court held that the wife failed to establish a resulting trust or an entitlement to an accounting for acreage purchased during the marriage, as the evidence did not prove she paid for it from her separate estate.
• Radford v. Radford
  117 So. 2d 522· Fla. 1st DCA· 1960-01-21 ·cited 10×
  Walter Radford's children appealed an injunction preventing them from partitioning a house that their father devised to them. The court held that because their father's ex-wife retained the sole use and possession of the property under the divorce decree (for so long as she used