Tenancy In Common

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

• McCREADY v. McCREADY
  356 So. 2d 337· Fla. 4th DCA· 1978-02-22 ·cited 5×
  The appellate court held that while the trial court could take additional testimony on remand, it erred in treating the case as a trial de novo and in its ultimate conclusion regarding the ownership of jointly held property, finding insufficient evidence to overcome the presumpti
• Millie Cushman Featherston and Trustee of the Estate of Mary Cushman Featherston v. Tompkins
  339 So. 2d 306· Fla. 3d DCA· 1976-11-23 ·cited 5×
  A trustee appeals an order authorizing partition and sale of trust property held for three minor beneficiaries. The court reversed, holding that a trust cannot be terminated before its terms are satisfied and all beneficiaries are parties to the termination action.
• Losey v. Losey
  207 So. 2d 283· Fla. 3d DCA· 1968-02-20 ·cited 5×
  Bernice Losey appealed a decree quieting title to real estate in favor of the children of Howard Losey's first marriage. The court held that even if Howard and his first wife Esther initially held the property as tenants by the entirety, that tenancy was terminated by subsequent
• Snow v. Mathews
  190 So. 2d 50· Fla. 4th DCA· 1966-09-21 ·cited 5×
  A contract to sell property held by the entirety, which specifies the division of proceeds, effectively terminates the estate by entirety between the parties, creating a tenancy in common.
• Jane Atkinson and Others v. K. F. J. Schilman and Others
  60 Fla. 301· Fla.· 1910-06-01 ·cited 5×
  Jane Atkinson and heirs of J.H.M. Atkinson sought partition of Florida lands held in common with other heirs and a co-tenant. The lower court dismissed the bill based on estoppel by a Georgia partition decree, laches, and that the remedy was at law. The Florida Supreme Court reve
• Stone v. Stone
  157 So. 3d 295· Fla. 4th DCA· 2014-11-12 ·cited 4×
  Dr. Ross Stone appealed a summary judgment in favor of his sister Nancy regarding the distribution of homestead property from their father Jerome Stone's estate. The court held that while the transfer of Jerome's interest to a Qualified Personal Residence Trust (QPRT) was not ini
• Atkinson v. Anderson
  77 So. 3d 768· Fla. 4th DCA· 2011-12-14 ·cited 4×
  This case involves a dispute between co-tenants of a condominium unit. The appellate court reversed a judgment notwithstanding the verdict, finding that there was sufficient evidence to support a jury's finding of ouster, where one co-tenant asserted exclusive possession and impo
• Chira v. Salkin (In Re Chira)
  378 B.R. 698· S.D. Fla.· 2007-11-16 ·cited 4×
  The bankruptcy court did not err in disallowing portions of Appellant's unsecured non-priority claim, equitably subordinating her claims, and ruling she was not entitled to proceeds exceeding one-half of $5,850,000.
• Damian v. Damian
  955 So. 2d 1178· Fla. 2d DCA· 2007-05-02 ·cited 4×
  In a post-dissolution proceeding, the trial court entered an order requiring the former husband's interest in the marital home to be transferred to the former wife as enforcement of the dissolution judgment. The appellate court reversed, holding that the trial court lacked contin
• Johann Prinz v. Christobel Prinz
  596 So. 2d 807· Fla. 2d DCA· 1992-04-08 ·cited 4×
  In a matrimonial property dispute, the trial court set aside a marital settlement agreement and quitclaim deed on grounds of duress and coercion, ordering the parties to hold property as tenants in common. The appellate court reversed in part, holding that the property should be
• Countrywide Funding Corp. v. Palmer
  589 So. 2d 994· Fla. 2d DCA· 1991-11-15 ·cited 4×
  The court reversed a final judgment that denied a mortgage foreclosure suit, holding that a joint tenancy with right of survivorship can be terminated by one joint tenant conveying their interest to themselves.
• Cleary v. Hough
  567 So. 2d 1039· Fla. 2d DCA· 1990-10-10 ·cited 4×
  In this post-divorce dispute over asset division, the court affirmed the trial court's award of security fund proceeds to the wife but reversed the denial of the husband's claim to post-divorce dividends on jointly-held AT&T stock and the award of attorney's fees to the wife.
• Troiano v. Troiano
  549 So. 2d 1053· Fla. 5th DCA· 1989-09-07 ·cited 4×
  A husband appeals a final judgment in a dissolution of marriage case where the trial court reformed a deed to Lake County property from joint tenancy to tenancy in common and granted his mother-in-law an equitable lien. The appellate court affirmed the deed reformation but revers
• Foucart v. A.B. Paul, Jr.
  516 So. 2d 1035· Fla. 5th DCA· 1987-12-10 ·cited 4×
  Sandra Foucart appeals the trial court's denial of her partition suit and invalidation of a deed conveying her mother's one-half interest in Florida real property. The appellate court reverses, holding that the mother's conveyance to Foucart validly severed a joint tenancy with r
• Earnest Beasley v. Beasley
  508 So. 2d 23· Fla. 4th DCA· 1987-02-11 ·cited 4×
  The trial court properly awarded the wife 75% of the marital home based on her dual contributions as both breadwinner and homemaker throughout the 23-year marriage, but improperly awarded the vacant lot entirely to the wife when the evidence showed it was a gift from her parents
• Royal Flagg Jonas v. Logan
  478 So. 2d 410· Fla. 3d DCA· 1985-11-05 ·cited 4×
  Royal Flagg Jonas, holder of a forged mortgage on property owned by William and Martin Neca Logan as tenants by the entireties, appealed a judgment voiding his lien. The court affirmed, holding that Mr. Logan's transfer of his entire interest to Mrs. Logan via quit-claim deed pri
• Ruddy v. Ruddy
  464 So. 2d 590· Fla. 2d DCA· 1985-02-08 ·cited 4×
  In this dissolution of marriage case, the Florida District Court of Appeal affirmed the trial court's denial of the wife's request for lump sum alimony but reversed the award of the wife's interest in jointly held property to the husband, holding that such a divestment requires p
• Bassett v. Bassett
  459 So. 2d 473· Fla. 2d DCA· 1984-11-28 ·cited 4×
  The court held that the wife was entitled to a special equity in the marital home due to her unrebutted contribution from separate funds and to rehabilitative alimony to improve her job skills.
• Abbe v. Marnon F. Abbe
  442 So. 2d 998· Fla. 2d DCA· 1983-11-09 ·cited 4×
  The court held that a prayer for 'equitable distribution' alone, without a specific prayer for alimony, cannot support an award of lump sum alimony for the purpose of dividing marital property.
• Braden v. Braden
  436 So. 2d 914· Fla. 2d DCA· 1983-01-26 ·cited 4×
  The appellate court affirmed the trial court's order on a petition for accounting, purging contempt, and modifying alimony, except for the refusal to determine the husband's entitlement to reimbursement for expenses on jointly owned properties in Florida and South Carolina.
• Preston v. United States
  696 F.2d 528· 7th Cir.· 1982-12-29 ·cited 4×
  The court held that the government's actions in withdrawing grain from a warehouse experiencing a shortage constituted conversion under Wisconsin law, and the discretionary function exception to the FTCA did not apply.
• Ambrose v. Emmy Rayne
  412 So. 2d 971· Fla. 3d DCA· 1982-04-21 ·cited 4×
  An award of exclusive use of property is subject to modification and does not preclude a subsequent partition action.
• Rosa Bros., Inc. v. Schlossman
  373 So. 2d 403· Fla. 3d DCA· 1979-07-24 ·cited 4×
  Rosa Bros., Inc. appealed a declaratory judgment determining the ownership rights of two lessees upon exercising an option to purchase a leased property. The trial court held that the parties became tenants in common on a 44/56 basis, reflecting their existing expense-sharing arr
• Zaugg v. Zaugg
  357 So. 2d 201· Fla. 3d DCA· 1978-03-07 ·cited 4×
  The court held that the wife was entitled to rehabilitative alimony and that the marital home should be partitioned, reversing the trial court's denial of these claims.
• Lorita J. Hagin v. Hagin
  353 So. 2d 949· Fla. 2d DCA· 1978-01-11 ·cited 4×
  The court held that awarding personal property solely because the husband paid for it was error, and denying the wife the opportunity to testify about alimony due to a technical filing error was an abuse of discretion.
• O'Connor v. O'Connor
  347 So. 2d 438· Fla. 3d DCA· 1977-05-24 ·cited 4×
  In this family law appeal, the former husband challenges a post-dissolution order permitting the former wife to relocate with the minor children from Miami to Memphis, Tennessee, and denying his contempt motion regarding unpaid mortgage, insurance, and tax payments on the marital
• Schalk v. Schalk
  285 So. 2d 39· Fla. 4th DCA· 1973-11-09 ·cited 4×
• Mercantile Bank & Tr. Co. v. The W. Cas. & Sur. Co.
  415 F.2d 606· 8th Cir.· 1969-09-02 ·cited 4×
  The court held that the "Use of Other Automobiles" clause did not provide liability coverage for the Thunderbird because it was owned by the insured or a member of his household, and the insured had specifically cancelled liability coverage for that vehicle.
• Donnie Jean Tillman v. Tillman
  222 So. 2d 218· Fla. 1st DCA· 1969-04-03 ·cited 4×
  In this Florida divorce appeal, the First District Court of Appeal affirmed most provisions of a divorce decree but remanded regarding the disposition of the marital home, questioning whether the trial court properly allocated the burden of mortgage, tax, insurance, and furniture
• Graham v. Ducote Fed. Credit Union & Eddie Lee Glover, Sr.
  213 So. 2d 603· Fla. 1st DCA· 1968-08-06 ·cited 4×
  Graham and Gripper appealed a trial court judgment denying them rights to a joint share account at a credit union established with Verlena Glover (their daughter/sister) in December 1964. The court reversed, holding that the joint account agreement created a valid inter vivos gif
• Durham v. Ellis
  157 So. 2d 185· Fla. 2d DCA· 1963-10-18 ·cited 4×
  Esther Durham appealed from a decree denying foreclosure of a purchase money mortgage held jointly with her ex-husband John Ellis and denying her damages claim. The trial court improperly attempted to adjust the alimony award from a prior divorce decree by requiring Esther to rei
• Kern v. Weber
  155 So. 2d 619· Fla. 3d DCA· 1963-07-02 ·cited 4×
  Kern purchased property from one of two tenants in common and sought to quiet title to the entire parcel. The court held that Kern acquired only the one-half interest of the co-tenant who conveyed to him, and that the other co-tenant's heirs retained their interest, requiring par
• Wooten v. Marshall
  279 F.2d 558· 2d Cir.· 1960-06-03 ·cited 4×
  The court held that the agreement constituted a joint venture for the commercial development of real property, not a mere tenancy in common, and thus was not barred by the Statute of Frauds.
• Second Realty Corp. v. Clement B. Krogmann and Emilia DiStasio
  235 F.2d 510· D.C. Cir.· 1956-04-20 ·cited 4×
  A party must be a tenant in common to seek partition of property, and the mere structural unity of a building does not create a tenancy in common.
• Fisher v. Inez Davenport
  84 So. 2d 910· Fla.· 1956-01-27 ·cited 4×
  Fisher sought a declaration of his rights under a land purchase contract and partition of the contract interests following his divorce from co-vendee Davenport. The Florida Supreme Court affirmed the dismissal, holding that Fisher could not use partition to circumvent his divorce
• Squires v. Rispler
  69 So. 2d 177· Fla.· 1953-12-18 ·cited 4×
  Lillie T. Squires appealed a decree quieting title in Frank Rispler based on adverse possession. The Florida Supreme Court reversed, holding that Rispler failed to establish the actuality and continuity of possession required by Florida's adverse possession statute.
• Wright v. Sallet
  66 So. 2d 237· Fla.· 1953-06-23 ·cited 4×
  The Florida Supreme Court held that a testator may devise real property by street address and number without metes and bounds description, and such a devise carries title to the land and appurtenances on which the dwelling is located. The court affirmed judgment for the devisees
• Nottingham v. Denison
  63 So. 2d 269· Fla.· 1953-01-13 ·cited 4×
  The Florida Supreme Court addresses the ownership of property traced through multiple conveyances involving bigamous marriages. The court affirmed that a prior valid marriage invalidated Bond's second marriage to Alma, voiding the deed conveying property to them jointly, but reve
• Wesley v. Brown
  196 F.2d 859· D.C. Cir.· 1952-04-17 ·cited 4×
  The court held that a divorce decree is not final until the expiration of the appeal period, and if a party dies before then, the divorce proceedings abate.
• Rickenberg v. Commissioner of Internal Revenue
  177 F.2d 114· 9th Cir.· 1949-08-22 ·cited 4×
  The court held that the conversion of post-1927 community property to tenancy in common was not a transfer for estate tax purposes, but the conversion of pre-1927 community property was a transfer in contemplation of death.
• Woods v. Krizan
  176 F.2d 667· 8th Cir.· 1949-08-11 ·cited 4×
  A tenancy in common arrangement for an apartment building, requiring cooperative management and operation, constitutes a 'cooperative association' within the meaning of the Housing and Rent Act's proviso, even without formal stock issuance.
• Williams v. Bullington
  159 Fla. 618· Fla.· 1947-10-24 ·cited 4×
  The court held that the employer (Waterman company) cannot recoup payments made to an injured seaman from the tort-feasor railroad.
• Saulsberry v. Saulsberry
  121 F.2d 318· 6th Cir.· 1941-06-25 ·cited 4×
  A co-tenant can grant an easement over common property, binding their own interest, and such grants are not void for uncertainty if the land can be identified by external standards or reasonable use.
• Bryant v. Welles
  65 Fla. 355· Fla.· 1913-04-09 ·cited 4×
  A parent sued defendants who were tenants in common of property for wrongful death of his minor child caused by negligently maintained falling timbers. The court held that co-tenants constitute a "private association of persons" under the wrongful death statute, reversing the low
• Selena E. Molina Master in Chancery
  2019 WL 4110674· Del. Ch.· 2021-11-29 ·cited 3×
  The executrix breached her fiduciary duties by renting estate property without authority and failing to account for rental income. She is surcharged for uncollected rent and must sell the decedent's vehicle. While beneficiaries must contribute to certain property expenses, their
• Kennedy v. Res-Ga Lake Shadow, LLC
  224 So. 3d 931· Fla. 1st DCA· 2017-09-05 ·cited 3×
  A party whose property interest is affected by supplementary execution proceedings must be impleaded and given notice and an opportunity to be heard.
• Ioan Ciungu v. Melania Bulea
  162 So. 3d 290· Fla. 1st DCA· 2015-03-18 ·cited 3×
  Ioan Ciungu appeals a probate court order that included two Florida real properties in his deceased mother's estate and directed their conveyance to him and his sister Melania Bulea as tenants in common, and that partially vacated a prior order conditioning distribution of Bulea'
• Layne v. Layne
  74 So. 3d 161· Fla. 1st DCA· 2011-11-16 ·cited 3×
  Terry Layne appealed a trial court order distributing his late father's estate property, which excluded him entirely. The First District Court of Appeal reversed, holding that Layne's 1990 quitclaim deed conveying his interest in a townhouse to his father and former stepmother di
• Rice v. Rice
  499 F. Supp. 2d 1245· M.D. Fla.· 2007-05-02 ·cited 3×
  The court held that the blank warranty deeds signed in December 2004, and the subsequently filled-in deeds from February 2005, were void ab initio because they lacked essential information and did not comply with the statute of frauds and deed execution formalities.
• Fischer v. Fischer
  873 So. 2d 534· Fla. 4th DCA· 2004-05-19 ·cited 3×
  The Florida Fourth District Court of Appeal reversed a trial court's partial dissolution of a lis pendens filed by the estate of a deceased husband claiming a 50% interest in a condominium held with his surviving spouse. The court held that the trial court erred in allowing the w