Tenancy In Common

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

• Agerskov v. Gabriel
  596 So. 2d 1172· Fla. 2d DCA· 1992-04-01 ·cited 7×
  The court held that the trial court erred in granting the wife's motion, as it effectively modified the parties' property settlement agreement rather than enforcing it.
• Mercurio v. Ophelia Urban
  552 So. 2d 236· Fla. 4th DCA· 1989-10-25 ·cited 7×
  Court affirmed that Urban held a presumptive gift interest in the stock certificate as a tenant in common, but reversed in part to award Mercurio a credit for half the expenses incurred.
• Nable v. The Est. OF Mae Clinton Godfrey
  403 So. 2d 1038· Fla. 5th DCA· 1981-08-26 ·cited 7×
  The appellate court reversed a probate trial court's decision that excluded Eugene Nable from inheriting from his deceased wife's estate based on his conviction for manslaughter. The court held that Florida's statutory bar on inheritance applies only to convictions for murder, no
• United States v. Gurley
  415 F.2d 144· 5th Cir.· 1969-07-30 ·cited 7×
  The court held that the nature of the Gurleys' estate in the property was a material fact issue precluding summary judgment or judgment on the pleadings.
• Dotter v. Dotter
  147 So. 2d 209· Fla. 2d DCA· 1962-11-28 ·cited 7×
  In this post-decree divorce dispute, the appellate court reversed an order requiring the wife to convey her interest in a vacant lot to the husband, holding that the final divorce decree settled all property rights and the post-decretal order was improper.
• Evaristo Beltran and Grisel Beltran v. Kalb
  63 So. 3d 783· Fla. 3d DCA· 2011-03-16 ·cited 6×
  The Third District Court of Appeal reversed the trial court's denial of a motion to vacate a sheriff's sale of homestead property, holding that both the ex-wife Carmen and ex-husband Evaristo maintained homestead interests in the marital residence that were exempt from forced sal
• LoCASCIO v. Sharpe
  23 So. 3d 1209· Fla. 3d DCA· 2009-10-28 ·cited 6×
  The court addressed remedies for a sole surviving son after his mother was murdered by his father and uncle, specifically concerning the distribution of the marital residence and other assets under the slayer statute.
• Pegram v. Pegram
  821 So. 2d 1264· Fla. 2d DCA· 2002-08-02 ·cited 6×
  Dianne Fay sought to enforce an equitable lien on property owned by her former husband William Pegram to collect domesticated New Mexico judgments for unpaid alimony and attorney's fees. The court affirmed the denial of her motion to enforce an equitable lien, holding that she fa
• De Peyster v. Maria-Luisa Biddle Duke De Peyster
  629 So. 2d 221· Fla. 4th DCA· 1993-12-08 ·cited 6×
  In a post-dissolution-of-marriage dispute, the appellate court reversed the trial court's order directing the sale of jointly-owned California ranch property, holding that once the parties entered into a valid settlement agreement partitioning the property, the court lost jurisdi
• Eady v. Eady
  624 So. 2d 360· Fla. 1st DCA· 1993-09-17 ·cited 6×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's awards of alimony and child support but reversed the equitable distribution plan due to insufficient findings of fact. The court found the trial court failed to clearly identify all marital as
• Chaney v. Chaney
  619 So. 2d 440· Fla. 2d DCA· 1993-06-04 ·cited 6×
  A former husband sought reimbursement for mortgage, tax, and insurance payments he made on the marital home after divorce while the home remained unsold. The court affirmed the denial of reimbursement as premature, holding that reimbursement is properly sought upon the actual sal
• Turner v. Turner
  599 So. 2d 765· Fla. 5th DCA· 1992-06-05 ·cited 6×
  The court held that a judgment on the pleadings was improper because the dissolution judgment's terms regarding the wife's exclusive possession raised factual issues not resolvable solely on the pleadings.
• Leatherwood v. Sandstrom
  583 So. 2d 390· Fla. 4th DCA· 1991-07-24 ·cited 6×
  A former husband appeals a partition judgment regarding the marital home, claiming the trial court erred in calculating credits for expenses paid during exclusive possession, failing to honor the parties' stipulation for private sale, and improperly severing his cross-claim again
• Barden v. Pappas
  532 So. 2d 707· Fla. 5th DCA· 1988-09-01 ·cited 6×
  Mary Ellen Barden appealed a partition judgment, challenging the trial court's order partitioning homestead property on which she held a remainder interest while her stepmother held a life estate. The court reversed, holding that a life tenant cannot maintain a partition action a
• Young v. Young
  507 So. 2d 614· Fla. 2d DCA· 1987-02-27 ·cited 6×
  In this Florida divorce property distribution case, the appellate court reversed the trial court's partition of the marital home and denial of the wife's opportunity to prove a reasonable attorney's fee, holding that partition requires statutory compliance with Chapter 64 require
• Wynn v. Wynn
  478 So. 2d 380· Fla. 5th DCA· 1985-10-17 ·cited 6×
  In this dissolution of marriage case, the trial court awarded the wife lump sum alimony consisting of the marital residence and other real property plus significant personal property, while the husband received certain vehicles and divided assets. The appellate court reversed the
• Marcelo Ramos Motta v. Samuel Weiser, Inc.
  768 F.2d 481· 1st Cir.· 1985-07-29 ·cited 6×
  The court held that the appellants failed to establish ownership of the Aleister Crowley copyrights because the Ordo Templi Orientis (OTO), an unincorporated association with indeterminate membership, lacks the legal capacity for its members to enforce copyright ownership.
• Garcia v. Andrus
  692 F.2d 89· 9th Cir.· 1982-11-12 ·cited 6×
  A federal grazing leaseholder who loses control of a portion of the base property loses priority to renew the lease for that portion.
• Blunnie v. Blunnie
  415 So. 2d 156· Fla. 4th DCA· 1982-06-23 ·cited 6×
  This case involves a dissenting opinion on a trial court's ruling concerning a duplex, specifically addressing the division of proceeds after exclusive possession is granted to the petitioner until sale or demise, and considering potential equitable interests of the petitioner's
• Patterson v. Patterson
  396 So. 2d 821· Fla. 4th DCA· 1981-04-08 ·cited 6×
  A cotenant out of possession cannot claim rental value from a cotenant in sole possession unless the latter has ousted the former or communicated an adverse claim.
• Holt v. Boozel
  394 So. 2d 226· Fla. 5th DCA· 1981-02-25 ·cited 6×
  Holt, a judgment creditor of James Boozel, appeals a summary judgment quieting title to real property in Sandra Boozel following the Boozels' dissolution. The court holds that Holt's judgment lien did not attach to the property because the dissolution judgment awarded Sandra a sp
• Abbott Sekaquaptewa v. MacDONALD
  619 F.2d 801· 9th Cir.· 1980-05-23 ·cited 6×
  The court held that the 1934 Act applies to all prior executive order withdrawals and that Hopi interests in lands exclusively possessed, occupied, or used in 1934 should be exclusive, not limited to a one-half undivided interest. The court also held that it lacked jurisdiction o
• Dorotea Zaldivar v. DE Tenorio
  589 F.2d 911· 5th Cir.· 1979-02-16 ·cited 6×
  The court held that the plaintiff failed to present new arguments and that the prior appellate court's decision, which found the alien widow's inaction negated any necessity to prolong the treaty-granted sale period, was the law of the case.
• Sanders v. Sanders
  362 So. 2d 284· Fla. 1st DCA· 1978-06-06 ·cited 6×
  In a dissolution of marriage, the Florida appellate court partially reversed the trial court's award of the marital home to the wife as her special property, finding instead that only her $3,000 down payment contribution entitled her to a special equity of that amount, with the r
• Barnett Bank OF Cocoa, N.A. v. Osborne
  349 So. 2d 223· Fla. 4th DCA· 1977-08-09 ·cited 6×
• Wilmer H. McDONALD v. McDONALD
  346 So. 2d 610· Fla. 1st DCA· 1977-05-27 ·cited 6×
• Suhor v. Suhor
  341 So. 2d 277· Fla. 1st DCA· 1977-01-14 ·cited 6×
  In a marital dissolution case, the Florida District Court of Appeal reversed the trial court's order requiring sale of the marital home to satisfy the husband's debts, holding that trial courts lack authority to dispose of jointly owned property absent special circumstances or pr
• Baker v. Baker
  315 So. 2d 217· Fla. 1st DCA· 1975-06-30 ·cited 6×
  In a marital dissolution case, the appellate court reversed a trial court's order directing the husband to transfer his entire interest in the marital home to the wife, holding that without evidence of special equity, alimony, or proper partition pleading, the wife was not entitl
• Lenore Toby v. Toby
  280 So. 2d 523· Fla. 3d DCA· 1973-07-10 ·cited 6×
  The court held that the trial court did not err in awarding attorney's fees or in failing to adjudicate rights in property held by the entirety, but erred in failing to award the wife a greater interest in the corporation's stock.
• Primato v. Primato
  274 So. 2d 568· Fla. 3d DCA· 1973-03-13 ·cited 6×
  In this Florida family law appeal, the wife challenged the adequacy of child support and rehabilitative alimony awards in a dissolution of marriage decree. The appellate court affirmed the child support award but found the alimony amount ($15/week for one year) was an abuse of di
• Farrow v. Farrow
  263 So. 2d 588· Fla. 2d DCA· 1972-05-19 ·cited 6×
  A Florida appellate court reversed a trial court's award of child custody to the father and exclusive home ownership to the mother in a divorce case, holding that a mother's adultery does not automatically disqualify her from custody and that marital property should be divided as
• Cooper v. Cooper
  260 So. 2d 272· Fla. 3d DCA· 1972-04-04 ·cited 6×
  In this divorce appeal, the Florida District Court of Appeal affirmed the trial court's grant of divorce to the husband but modified the custody and property divisions to provide the wife with permanent custody (rather than probationary), unlimited occupancy of the marital home (
• Atlas Corp. v. DeVILLIERS
  447 F.2d 799· 10th Cir.· 1971-08-04 ·cited 6×
  The court affirmed the trial court's findings regarding civil contempt, the validity of assignments and community property claims, and the determination of fraudulent conveyances, upholding the enforcement of Atlas' judgment.
• Rapoport v. Rapoport
  416 F.2d 41· 9th Cir.· 1969-08-20 ·cited 6×
• Watkins v. Luise Watkins DeADAMICH
  187 So. 2d 369· Fla. 2d DCA· 1966-06-10 ·cited 6×
  A Florida appellate court affirmed a decree reforming a divorce settlement deed to include omitted property, finding clear and convincing evidence of mutual mistake in a couple's settlement dividing homestead property.
• Kennedy v. Ford R. Vandine
  185 So. 2d 693· Fla.· 1966-04-20 ·cited 6×
  The Florida Supreme Court reversed a summary judgment ordering partition of property held as tenants by the entireties, finding that the trial court erred in granting summary judgment when the defendants raised uncontroverted affirmative defenses of laches and adverse possession.
• Pace v. Woods
  177 So. 2d 779· Fla. 3d DCA· 1965-08-17 ·cited 6×
  William Pace appealed a circuit court's refusal to cancel a 1953 deed by which he and his wife converted their homestead property from tenants by the entireties to tenants in common. The Florida appellate court affirmed, holding that homestead protections do not apply to property
• Wild v. Wild
  157 So. 2d 532· Fla. 1st DCA· 1963-11-05 ·cited 6×
  In this divorce case, the Florida District Court of Appeal reversed a portion of the final decree that incorrectly characterized the marital home as held by the parties as joint tenants post-divorce. Under Florida law, property held as an estate by the entirety automatically conv
• Maynard v. Sutherland
  313 F.2d 560· D.C. Cir.· 1962-11-01 ·cited 6×
  The execution of an unrecorded deed of trust by one joint tenant to secure a debt to the other joint tenant does not sever the joint tenancy, especially when the intent of the parties was to maintain the joint tenancy.
• Black Crystal Coal Co. v. Garland Coal & Mining Co.
  267 F.2d 569· 10th Cir.· 1959-06-01 ·cited 6×
  A co-tenant who mines minerals is liable to other co-tenants for the market value of production less reasonable expenses, and issues not raised in the trial court cannot be raised on appeal.
• Shell OIL Co. v. Seeligson
  231 F.2d 14· 10th Cir.· 1955-02-28 ·cited 6×
  The court held that a trial court cannot, in a partition action, impose a compulsory oil and gas leasehold estate upon non-consenting co-tenants, as this improperly alters their property rights.
• In re Brandle's Estate
  65 So. 2d 27· Fla.· 1953-05-08 ·cited 6×
  The Florida Supreme Court affirmed that a bank account held in the names of George J. Brandle and Louise Vondervied at Dade Federal Savings and Loan Association was properly characterized as a joint tenancy with right of survivorship, not a tenancy in common, based on the express
• Maliska v. Dion
  62 So. 2d 4· Fla.· 1952-12-19 ·cited 6×
  In this probate dispute, the Florida Supreme Court addressed whether a woman who cohabited with a married man in an extramarital relationship could claim property rights as his wife. The court held that no valid marriage existed between the parties and that property acquired duri
• Baxter v. Baxter
  158 Fla. 886· Fla.· 1947-05-16 ·cited 6×
  The court affirmed the trial court's decree regarding child custody and property division, finding sufficient evidence to support the chancellor's findings.
• Welch v. Bradley
  130 F.2d 109· 1st Cir.· 1942-07-24 ·cited 6×
  The court held that the trust was revocable under § 166 and that the proper basis for depreciation was not the fair market value at acquisition but rather the value determined under other statutory provisions. The court found that neither grantor had a substantial adverse interes
• Grand Trunk W. R. Co. v. Chicago & W. Ind. R. Co.
  131 F.2d 215· 7th Cir.· 1942-05-18 ·cited 6×
  The court held that the defendant railroad, by collecting overpaid rent from one co-tenant after a prior court ruling, acted as a trustee for other overpaying co-tenants, and thus the statute of limitations did not bar the plaintiff's claim for their share of the collected funds.
• Baltzell v. Daniel
  111 Fla. 303· Fla.· 1933-07-06 ·cited 6×
  This case addresses whether a partition decree affects a mortgage lien on an undivided interest when the mortgagee is not a party to the partition suit. The Florida Supreme Court held that a mortgage lien on an undivided interest generally follows the mortgagor's allocated share
• United States v. One Parcel of Real Est. at 11885 S.W. 46 St.
  715 F. Supp. 355· S.D. Fla.· 1989-06-05 ·cited 5×
  The court held that when a property is jointly owned by a husband and wife as tenants by the entirety, and the husband uses the property to facilitate a drug offense, the wife can retain her one-half interest as an innocent owner, with the government receiving the husband's forfe
• PAU v. PAU
  537 So. 2d 639· Fla. 2d DCA· 1988-12-30 ·cited 5×
  The court held that the former husband's motions for contribution or setoff for expenses incurred before the financial issues order were properly denied, and the denial of a stay of sale was moot.
• Dugan v. Dugan
  498 So. 2d 989· Fla. 1st DCA· 1986-12-05 ·cited 5×
  The court held that the trial court erred in failing to credit the wife for mortgage payments she made on the husband's behalf and in eliminating the option to sell the marital home to a third party.