Tenancy In Common

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

• Ellis Campbell, Jr. v. Fasken
  267 F.2d 792· 5th Cir.· 1959-06-12 ·cited 10×
  The court held that the transactions between taxpayers and oil companies were leasing arrangements, not sales, and initial payments should be treated as ordinary income subject to depletion.
• The Fla. Nat'l Bank OF Jacksonville v. Gann
  101 So. 2d 579· Fla. 2d DCA· 1958-03-26 ·cited 10×
  The Florida National Bank as administrator of Mary E. Hall's estate sought a declaratory judgment to determine ownership of two parcels of real estate that had been conveyed to Hall jointly with her daughters. The court held that the 1927 statute abolishing the doctrine of surviv
• Elmore v. Elmore
  99 So. 2d 265· Fla.· 1957-12-18 ·cited 10×
  The Florida Supreme Court reversed a probate decree concerning the interpretation of a will where the testatrix, who owned only an undivided one-half interest in property, attempted to devise specific portions of land as though she owned the entire tract in fee. The court held th
• United States v. Luther
  225 F.2d 499· 10th Cir.· 1955-07-05 ·cited 10×
  The court held that the Grain Company's stored grain was not property of the bankrupt estate, precluding a preference claim. It also found that the Storage Guarantee Agreement applied to the Pierceville facility as an independent unit and that a rescinded transaction restored a b
• Schwarz v. United States
  191 F.2d 618· 4th Cir.· 1951-09-10 ·cited 10×
  The court held that a taxpayer's interest in property, though conveyed to him and his wife as tenants by the entireties, is subject to a tax lien if the marriage was invalid at the time of conveyance, but equity may impose a trust on the property for the wife's benefit if she pai
• Caine v. Payne
  182 F.2d 246· D.C. Cir.· 1950-05-08 ·cited 10×
  The court held that the testator intended for the nephews' interests to be contingent upon surviving the termination of the preceding life estates, meaning only the nephew who survived the trust termination would inherit.
• Lockwood v. Walker
  127 Fla. 20· Fla.· 1937-02-01 ·cited 10×
  In this partition suit, the Florida Supreme Court affirmed a decree ordering the sale of phosphate-bearing lands held as tenancy in common, rejecting the defendant's argument that the original 1913 contract barred partition. The court held that partition was the proper remedy and
• Diomedes Raul Bermudez Y Santos and Melba Bermudez v. Santos
  773 So. 2d 568· Fla. 3d DCA· 2000-10-18 ·cited 9×
  The court affirmed in part and reversed in part an order on exceptions to a general master's report in a dissolution of marriage and partition case concerning real estate titled in the names of the husband, wife, and husband's mother.
• Salyers v. Good
  443 So. 2d 152· Fla. 2d DCA· 1983-12-09 ·cited 9×
  The appellate court reviewed a postdissolution action where the husband appealed the denial of his attorney's fees and the wife cross-appealed the dismissal of her partition complaint for the marital home.
• In re Est. OF Leonard Schorr
  409 So. 2d 487· Fla. 4th DCA· 1981-09-30 ·cited 9×
  Sadie Schorr challenged an order declaring her a tenant in common rather than sole owner of Florida property she shared with Leonard Schorr. The court affirmed, holding that Leonard's 1972 Dominican Republic divorce from his first wife Dora was invalid because Leonard lacked domi
• In re the Est. of Flossie L. Nunnelley v. Nunnelley
  343 So. 2d 657· Fla. 2d DCA· 1977-03-04 ·cited 9×
  A surviving spouse who willfully and feloniously kills their spouse cannot inherit the deceased spouse's interest in property held as an estate by the entirety.
• Thomas v. Greene
  226 So. 2d 143· Fla. 1st DCA· 1969-08-19 ·cited 9×
  The court held that a divorce decree awarding possession of property to a spouse does not divest the other spouse of their ownership interest, and any subsequent order attempting to do so is void as to that interest.
• Johnson v. Landefeld
  138 Fla. 511· Fla.· 1939-06-06 ·cited 9×
  This case involves a declaratory decree determining whether a 1928 deed from Alfred Johnson to himself and his wife Annie Johnson as tenants by the entirety was valid, despite the marriage being voidable (they were uncle and niece). The Florida Supreme Court was equally divided,
• City of Jacksonville v. Broward
  120 Fla. 841· Fla.· 1935-09-16 ·cited 9×
  This case concerns the distribution of an excess of land discovered in a subdivision plat. The court had to decide whether the excess land should be apportioned among all lots according to their widths or if it belonged to specific parties as tenants in common. The court affirmed
• Tyler v. Johnson
  61 Fla. 730· Fla.· 1911-01-01 ·cited 9×
  This case concerns whether a purchaser of property at an execution sale had notice of a prior unrecorded equitable interest. The court held that a recorded deed conveying only some co-tenants' interests, coupled with the grantee's possession, does not provide constructive notice
• Watts v. Clardy
  2 Fla. 369· Fla.· 1848-01-01 ·cited 9×
  The Florida Supreme Court reversed a lower court judgment regarding property devised to a daughter with remainder to "the heirs of her body." The court held that under South Carolina law (where the property and testator were located), these words of limitation create an estate ta
• McFALL v. Trubey
  992 So. 2d 867· Fla. 2d DCA· 2008-10-03 ·cited 8×
  The McFalls owned real property as tenants in common with the W. Leslie Trubey Trust and paid all property expenses for both parties' shares from 1987 to 2004. The circuit court limited their reimbursement claims to a four-year period by applying a statute of limitations for cont
• Costa v. Costa
  951 So. 2d 924· Fla. 4th DCA· 2007-02-21 ·cited 8×
  Giovanni Costa appeals a dissolution of marriage decree, challenging the trial court's award of $750 monthly permanent periodic alimony to his former wife Janet and a 100% credit for household expenses paid while occupying the marital home. The appellate court reversed both award
• Schroeder v. Lawhon
  922 So. 2d 285· Fla. 2d DCA· 2006-02-10 ·cited 8×
  In this partition dispute between siblings, the appellate court reversed the trial court's rejection of the commissioners' recommended property division and instead required confirmation of that recommendation. The court held that the objecting party failed to meet her burden of
• O'Donnell v. Kyren C. Marks
  823 So. 2d 197· Fla. 4th DCA· 2002-07-17 ·cited 8×
  The court held that while partition was proper, the trial court erred in allocating proceeds by giving one party a credit for the entire amount of post-closing expenses without considering the other party's ownership interest.
• Babb v. Roseanne S. Babb
  771 So. 2d 1215· Fla. 5th DCA· 2000-10-27 ·cited 8×
  When a final judgment of dissolution requires one spouse to make mortgage payments on jointly held property as tenants in common and is silent on reimbursement, the paying spouse is entitled by operation of law to a credit for mortgage payments and for one-half the rental value f
• Hamilton v. Hughes
  737 So. 2d 1248· Fla. 5th DCA· 1999-08-06 ·cited 8×
  The court held that the appellant, as a tenant in common, was entitled to the entire excess sale proceeds because the other cotenant's mortgage only encumbered his interest, and she had staked a claim to the funds.
• Battista v. Battista
  585 So. 2d 459· Fla. 1st DCA· 1991-09-04 ·cited 8×
  Former husband appealed from denial of his petition for declaratory relief seeking rent from former wife after their minor child moved out of the marital home, and from an award of attorney's fees to the former wife. The court reversed the attorney's fees award but affirmed the d
• In re Szekely
  936 F.2d 897· 7th Cir.· 1991-07-02 ·cited 8×
  The homestead exemption in Illinois entitles a debtor to remain in their home rent-free until they receive the cash value of the exemption.
• Caruso v. Plunk
  574 So. 2d 1230· Fla. 5th DCA· 1991-02-28 ·cited 8×
• Huttig v. Huttig
  530 So. 2d 1051· Fla. 3d DCA· 1988-09-06 ·cited 8×
  In this marital property division case, the Florida District Court of Appeal reversed the trial court's allocation of the marital home, finding that the husband was improperly denied his right to participate in future appreciation and denied the use of his equity for an extended
• Faust v. Frederic L. Faust
  505 So. 2d 606· Fla. 1st DCA· 1987-04-10 ·cited 8×
  A trial court lacks authority to order one spouse to convey their entire interest in jointly owned marital property (the marital home) to the other spouse in exchange for one-half the property's value without special justification such as alimony needs or special equity, and the
• Bailey v. Parker
  492 So. 2d 1175· Fla. 1st DCA· 1986-08-18 ·cited 8×
  Bailey and Parker, who held a house as tenants in common, disputed their respective ownership interests and accounting for contributions. The court affirmed the partition order granting each party an undivided one-half interest, but reversed and remanded the accounting determinat
• United States v. Nat'l Bank OF Commerce
  726 F.2d 1292· 8th Cir.· 1984-01-31 ·cited 8×
  A bank holding a joint account may not be held personally liable for refusing to surrender the entire account to the IRS via a notice of levy when other co-owners' interests are undetermined.
• Smith v. Moughan
  442 So. 2d 338· Fla. 5th DCA· 1983-12-08 ·cited 8×
  Owners of undivided interests in property may waive the right to partition by express or implied agreement, provided the agreement is otherwise enforceable and the prohibition is for a reasonable and definite period of time and not unduly restrictive. A property settlement agreem
• Areta Adler v. Morton Adler
  391 So. 2d 242· Fla. 3d DCA· 1980-11-25 ·cited 8×
  The court held that the property settlement agreement clearly obligated the husband to pay mortgage and repair costs, and that the agreement did not include psychiatric care for the child. The trial court erred in ordering the wife to reimburse the husband for these expenses.
• Chayka v. Chayka
  361 So. 2d 430· Fla. 4th DCA· 1978-07-12 ·cited 8×
  In this Florida divorce case, the trial court awarded the marital home to the wife as special equity and lump sum alimony while reserving jurisdiction for future child support and permanent alimony. The Fourth District reversed the home award, holding that there was insufficient
• Tullis v. Tullis
  342 So. 2d 88· Fla. 1st DCA· 1977-01-28 ·cited 8×
  The homestead exemption does not prohibit a court-ordered partition sale of indivisible property owned by co-tenants, even if one co-tenant occupies it as a homestead.
• Herzog v. Herzog
  330 So. 2d 116· Fla. 3d DCA· 1976-02-03 ·cited 8×
  In this divorce appeal, the Florida District Court of Appeal reversed the trial court's award of the marital home to the wife and reduced the husband's obligation to pay attorneys fees. The court held that property conveyed into tenancy by the entireties is presumed a gift, and a
• Harrison v. Harrison
  314 So. 2d 812· Fla. 3d DCA· 1975-06-17 ·cited 8×
  The appellate court affirmed the trial court's finding that the marriage was irretrievably broken, despite the wife's contention that marital difficulties were not so deep as to preclude a reasonable effort at reconciliation.
• Sebold v. Sebold
  444 F.2d 864· D.C. Cir.· 1971-02-12 ·cited 8×
  A Maryland divorce decree dissolves a tenancy by the entirety in District of Columbia real estate, converting it into a tenancy in common, and the District Court has jurisdiction to partition these properties, awarding equal shares to each party absent rebuttal evidence.
• Mahoney v. Fed. Sav. & Loan Ins. Corp.
  393 F.2d 156· 7th Cir.· 1968-03-26 ·cited 8×
  The court held that the identity of the 'member' entity for insurance purposes is determined by state law governing the creation of account rights, and that joint accounts require compliance with state law formalities to establish survivorship rights for all named parties.
• Scott v. Commissioner OF Internal Revenue
  374 F.2d 154· 9th Cir.· 1967-03-14 ·cited 8×
  The court held that a wife's community property interest in life insurance policies on her husband's life, even if limited to cash surrender value at her death, passes under her will, and the husband's estate is only entitled to the portion of proceeds attributable to premiums pa
• Carroll W. Britton v. Green
  325 F.2d 377· 10th Cir.· 1963-11-29 ·cited 8×
  The court held that a receiver could be appointed for the mortgaged property under the second claim, as the mortgage expressly allowed it, and absent co-tenants were not indispensable parties to that specific relief. However, a receiver could not be appointed under the first clai
• EL Paso Natural GAS Co. v. Kelly
  308 F.2d 820· 10th Cir.· 1962-09-27 ·cited 8×
  The court held that the trial court correctly construed the conveyance instrument but inaccurately computed the plaintiffs' resulting interest.
• George v. Reed and Clara M. Reed
  122 So. 2d 322· Fla. 2d DCA· 1960-07-27 ·cited 8×
  In this appeal from an equity decree concerning homestead property, the court upheld the chancellor's decision to set aside deeds transferring homestead land from father J.M. Reed to son George V. Reed, finding that the statutory twenty-year limitation did not bar the daughter Vi
• Bishop v. Bishop
  257 F.2d 495· 3d Cir.· 1958-05-01 ·cited 8×
  The court held that the clean hands doctrine was improperly applied and that a trust deed lacking essential terms and a named beneficiary should fail, allowing the settlor to reclaim her property.
• Forehand v. Peacock
  77 So. 2d 625· Fla.· 1955-01-28 ·cited 8×
  Sarah Forehand, an elderly mother, and her daughter Bernice Peacock held title to property as tenants in common under a 1947 deed. In 1949, they executed an agreement intending to hold the property as joint tenants with survivorship rights, with an oral agreement that Forehand co
• Gilford v. Commissioner of Internal Revenue
  201 F.2d 735· 2d Cir.· 1953-02-05 ·cited 8×
  The court held that the petitioner's rental of real estate, even through an agent, constituted a trade or business, making the loss from its sale an ordinary loss, not a capital loss.
• Wegener v. Commissioner of Internal Revenue
  119 F.2d 49· 5th Cir.· 1941-04-07 ·cited 8×
  The court held that the taxpayer's income from drilling operations for a joint venture was taxable as individual profit, not a capital investment distribution.
• Gale v. Hines
  17 Fla. 773· Fla.· 1880-06-01 ·cited 8×
  Gale sued Hines in ejectment to recover an undivided half interest in land. The court held that ejectment lies for undivided interests between tenants in common upon proof of ouster, and that ouster need not be pleaded in the declaration but may be proved under the general issue
• Alphonse Loubat v. Nourse
  5 Fla. 350· Fla.· 1853-01-01 ·cited 8×
  The Florida Supreme Court held that real estate purchased with partnership funds and held as partnership property is treated as personalty in equity for purposes of satisfying partnership debts, and therefore a widow cannot claim dower in such property when it has been conveyed t
• Wells Fargo Bank v. Rutledge
  230 So. 3d 550· Fla. 2d DCA· 2017-10-20 ·cited 7×
  Wells Fargo sought to foreclose on property securing a mortgage allegedly signed by Mary Lynne Dias. After the trial court found Ms. Dias's signature forged but granted Wells Fargo a judgment of foreclosure on Mr. Dias's one-half interest, this court reversed, holding that the su
• Rose v. Hansell
  929 So. 2d 22· Fla. 3d DCA· 2006-02-22 ·cited 7×
  The court held that the trial court did not err in granting summary judgment for partition and appointing a special master to sell the property.
• Magally Diaz v. Sec. Union Title Ins. Co.
  639 So. 2d 1004· Fla. 3d DCA· 1994-06-14 ·cited 7×
  A cotenant in exclusive possession who claims exclusive title is liable for rent, and attorneys' fees in a partition action can include those incurred in prior actions to establish title, to be apportioned according to each party's interest.