Tenancy In Common

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

• Allen v. Wilhelm
  113 So. 2d 857· Fla. 2d DCA· 1959-08-07 ·cited 3×
  T. Luster Allen sought partition and sale of real property she and John Wilhelm acquired while cohabiting as an unmarried couple. The trial court dismissed her complaint and granted Wilhelm's counterclaim for fraud, awarding him sole title. The appellate court reversed, finding i
• Christopher v. Mungen
  71 Fla. 545· Fla.· 1916-04-18 ·cited 3×
  The Florida Supreme Court affirmed a partition decree in a dispute over lands in Duval County between the heirs of James Lewis (represented by Jane Mungen) and defendants claiming title through adverse possession and other defenses. The court rejected arguments that children born
• Martinez-Noda v. Zurami Pascual
  305 So. 3d 321· Fla. 3d DCA· 2020-04-01 ·cited 2×
  The appellate court affirmed the lower court's decision to partition marital property but reversed the allocation of sale proceeds. The court held that the former husband, who claimed to have disproportionately paid taxes and mortgage, should receive credit for the former wife's
• Fischer v. Fischer
  224 So. 3d 919· Fla. 1st DCA· 2017-08-28 ·cited 2×
  A final judgment that reserves jurisdiction to determine the disposition of a party's principal asset, contingent on an eventuality and without defining the disposition, is not a final, appealable order.
• Robinson v. Barr
  133 So. 3d 599· Fla. 2d DCA· 2014-02-28 ·cited 2×
  Robinson appeals a trial court's denial of his motion for attorney's fees and costs following a final judgment partitioning real property he owned in common with Barr. The appellate court reversed, holding that the trial court failed to properly apply the statutory requirement to
• Swergold v. Swergold
  82 So. 3d 1148· Fla. 4th DCA· 2012-03-07 ·cited 2×
  Former Husband appealed a final judgment of dissolution of marriage, challenging the trial court's allocation of the marital home and credits for expenses. The Fourth District Court of Appeal affirmed most of the judgment but reversed and remanded on the issue of credits for mari
• Lalisa Davis v. Wash Hinson and Geraldine Hinson
  67 So. 3d 1107· Fla. 1st DCA· 2011-07-18 ·cited 2×
  Davis appeals a trial court decision granting the Hinsons' action to quiet title and ejectment over an eleven-acre parcel. The appellate court reversed, holding that the Hinsons lacked valid legal title to the property because their deed was signed by only some, not all, of the c
• Heidisch v. Heidisch
  992 So. 2d 835· Fla. 4th DCA· 2008-09-24 ·cited 2×
  The court held that the trial court erred in imputing income to the wife for child support without considering her full-time student and caretaker roles, and in failing to designate responsibility for mortgage payments on the marital residence. The court also held that the trial
• Geraci v. Geraci
  963 So. 2d 904· Fla. 2d DCA· 2007-08-24 ·cited 2×
  In this partition dispute over four undeveloped parcels of Florida real property owned as tenancy in common by two brothers, the court addresses whether a trial court may conduct an evidentiary hearing to determine whether property is indivisible before appointing commissioners.
• Morgan v. Cornell
  939 So. 2d 344· Fla. 2d DCA· 2006-10-20 ·cited 2×
  Julia Morgan appealed the trial court's construction of her deceased companion Timothy Cornell's will, which devised life estates in two properties to Morgan contingent on Cornell owning them at death. The court reversed, holding that Cornell's undivided interest as a tenant in c
• Butler v. Butler
  870 So. 2d 239· Fla. 2d DCA· 2004-03-24 ·cited 2×
  Patrick Butler appeals a summary judgment foreclosing judgment liens held by his ex-wife Sandra Butler on his one-half interest in their former marital residence. The court reverses because the underlying judgments never became valid liens due to the wife's failure to comply with
• Lewis v. Est. OF John J. Turcol
  709 So. 2d 186· Fla. 5th DCA· 1998-04-09 ·cited 2×
  Florida appellate court affirmed that a promissory note naming two payees with no survivorship language controls over a mortgage designating joint tenancy with survivorship, so the deceased's one-half interest in the note passes to his estate rather than automatically to the co-p
• Barberio v. Smith
  641 So. 2d 965· Fla. 3d DCA· 1994-09-07 ·cited 2×
• Pitts v. United States
  946 F.2d 1569· 4th Cir.· 1991-02-04 ·cited 2×
  The court certified questions to the Supreme Court of Virginia regarding whether notes received from the sale of entireties property are also held by the entireties, absent specific survivorship language.
• In re Est. OF Ralph Donovan v. Margo M. Hendrickson
  550 So. 2d 37· Fla. 2d DCA· 1989-08-16 ·cited 2×
  A testator's devise of homestead property to a trust, where the surviving spouse is both the sole beneficiary and trustee, complies with the Florida Constitution's homestead devise provision, as the legal and equitable estates merge in the spouse.
• Ziemba v. Ziemba
  519 So. 2d 752· Fla. 4th DCA· 1988-02-10 ·cited 2×
  In this Florida divorce case, the trial court distributed marital assets 80% to the wife and 20% to the husband, primarily by awarding the wife a valuable motel while the husband received only $10,000 from any future sale proceeds. The appellate court reversed, holding that while
• Merrill Lynch v. George
  516 So. 2d 1068· Fla. 4th DCA· 1987-12-16 ·cited 2×
  Merrill Lynch appealed a summary judgment foreclosing mortgages and granting an equitable lien in favor of George for maintenance and operation costs of property owned as tenants in common with Rooks. The court affirmed George's priority for the second mortgage but reversed regar
• D.B. Espenship III v. Carter
  514 So. 2d 1108· Fla. 1st DCA· 1987-10-15 ·cited 2×
  This case involves a dispute over exclusive hunting rights on a parcel of land. The appellate court reversed a lower court's decision that granted exclusive hunting rights to one party, finding that those rights had passed to a land trust. However, the court affirmed the denial o
• Manto v. Manto
  509 So. 2d 981· Fla. 2d DCA· 1987-07-08 ·cited 2×
• Page v. Milorad COP
  506 So. 2d 1135· Fla. 2d DCA· 1987-05-08 ·cited 2×
  Gerald Page appeals a partition judgment confirming title to a motel property in Prime Time Radio, Inc. following a judicial sale. The court affirms the sale confirmation but amends the judgment to preserve the interests of non-parties Bud Page Realty, Inc. and The Florida Group,
• Louriese Murbach v. Murbach
  490 So. 2d 253· Fla. 2d DCA· 1986-07-02 ·cited 2×
  In a dissolution of marriage case, the appellate court struck portions of the trial court's judgment that ordered partition of the marital home, holding that a court cannot order partition of property incident to dissolution where neither party filed the requisite pleadings for p
• Elliott v. Krause
  490 So. 2d 956· Fla. 5th DCA· 1986-05-01 ·cited 2×
  A joint will executed in 1955 was revocable absent a binding oral agreement not to revoke, and upon the testator's death the surviving spouse's property passed under the testator's later individual will rather than according to the joint will provisions.
• Wade v. Wade
  484 So. 2d 83· Fla. 2d DCA· 1986-03-05 ·cited 2×
  Barbara Wade appealed a divorce judgment, challenging the trial court's award of rehabilitative alimony rather than permanent alimony, the limitation of her health insurance coverage, and the allocation of attorney's fees and back taxes. The appellate court affirmed the judgment,
• Havener v. Havener
  473 So. 2d 708· Fla. 2d DCA· 1985-03-27 ·cited 2×
• Wayne v. Phillips
  466 So. 2d 3· Fla. 4th DCA· 1985-02-20 ·cited 2×
  Florida appellate court reversed a trial judge's voiding of a property settlement agreement in a dissolution case, holding that the agreement was valid where the initial trial judge found it freely entered into after full disclosure.
• Hoheb v. Muriel
  753 F.2d 24· 3d Cir.· 1985-01-21 ·cited 2×
  The court held that absent mortgagees, whose security interest would be impaired by rescission, are necessary parties under Fed.R.Civ.P. 19(a).
• Hockett v. Larson
  742 F.2d 1123· 8th Cir.· 1984-09-06 ·cited 2×
  A deed with one genuine grantor signature and one forged signature is partially valid, conveying only the interest of the genuine grantor and severing the joint tenancy.
• Barbara Fé Navarre v. Navarre
  438 So. 2d 186· Fla. 1st DCA· 1983-09-26 ·cited 2×
  A former wife sought an accounting for expenditures she made on the marital home during her seven years of occupancy following divorce. The circuit court dismissed her claim, finding she had settled all accounts by signing disbursal instructions for equal split of sale proceeds.
• O'Brien v. O'Brien
  423 So. 2d 1013· Fla. 4th DCA· 1982-12-29 ·cited 2×
  The court held that the award of rehabilitative alimony was inadequate and modified the amount, affirming the rest of the dissolution judgment.
• Mesa Petroleum Co. v. Coniglio
  16 B.R. 1015· M.D. Fla.· 1982-01-25 ·cited 2×
  The court held that Mesa's beneficial interest in the four tracts of land, held under a constructive trust, was unaffected by Locke's bankruptcy, and Mesa was entitled to a forced sale of the property to satisfy the judgment debts.
• Billings v. Billings
  406 So. 2d 1204· Fla. 4th DCA· 1981-11-25 ·cited 2×
  In a dissolution of marriage, the trial court erred by ordering the wife to sell her one-half interest in the marital home to the husband for a fixed amount and characterizing the proceeds as lump sum alimony, because a spouse cannot satisfy alimony obligations with property alre
• DiPROSPERO v. Shelby Mut. Ins. Co. OF Shelby
  400 So. 2d 177· Fla. 4th DCA· 1981-06-24 ·cited 2×
  This opinion consolidates three wrongful death appeals arising from a December 1975 murder-suicide in which Mauro DiProspero killed two neighbors and his own wife before fatally shooting himself. The court addresses disputes over the valuation of DiProspero's estate and the alloc
• Locke v. Locke
  383 So. 2d 273· Fla. 3d DCA· 1980-05-06 ·cited 2×
  Florida appellate court reversed a property division order because the trial court lacked jurisdiction to enter it outside the reserved 90-day period, requiring division of tenancy-by-entireties property as tenancy-in-common under Fla. Stat. § 689.15.
• Beda C. Supple v. Supple
  370 So. 2d 834· Fla. 3d DCA· 1979-05-08 ·cited 2×
  The court held that rescission of the deed was unwarranted, and the trial court's reformation of the deed to a tenancy in common was proper.
• Bragdon v. Bragdon
  363 So. 2d 855· Fla. 4th DCA· 1978-11-01 ·cited 2×
  The court held that while the child support award was generous, it was not an abuse of discretion, but the method of crediting mortgage payments as child support was inequitable.
• Gibson v. Gudeborj Jonina Sampson
  353 So. 2d 609· Fla. 4th DCA· 1977-12-20 ·cited 2×
  A former husband appealed the dismissal of his complaint challenging a sheriff's sale of real property owned as tenants in common with his ex-wife, who had obtained judgments for unpaid alimony. The court reversed the dismissal, finding that allegations of a confidential relation
• In re the Est. of Westley W. Silvian
  347 So. 2d 632· Fla. 4th DCA· 1977-05-20 ·cited 2×
  In this Florida probate case, the Fourth District Court of Appeal reversed the trial court's determination that certain jointly-held assets belonged to the estate of Westley Silvian. The appellate court held that property conveyed to husband and wife, jointly-held stocks, and joi
• Margolis v. Margolis
  343 So. 2d 938· Fla. 3d DCA· 1977-03-15 ·cited 2×
  The court held that jointly-held property vests as tenants in common upon dissolution of marriage, and the trial judge, not commissioners, must adjudicate special equity.
• Bock v. Bock
  336 So. 2d 661· Fla. 2d DCA· 1976-08-20 ·cited 2×
  The court held that the husband's expenditures on jointly owned property did not justify a setoff against alimony obligations and that he willfully failed to pay alimony.
• Pike v. Pike
  332 So. 2d 147· Fla. 3d DCA· 1976-05-18 ·cited 2×
  In this marital dissolution appeal, the husband challenges the trial court's award of his interest in the marital home as lump sum alimony, rehabilitative alimony of $750/month, and attorney's fees. The Florida appellate court reversed the award of the marital home, finding it cr
• Winniebell Fehling v. Cantonwine
  522 F.2d 604· 10th Cir.· 1975-09-16 ·cited 2×
  The court held that the appellant's claim did not meet the jurisdictional amount for diversity jurisdiction because her husband's will forgave his share of the jointly held promissory notes.
• Weinman v. Weinman
  310 So. 2d 442· Fla. 3d DCA· 1975-04-08 ·cited 2×
  The court held that while denying alimony was not an abuse of discretion, jurisdiction to award alimony in the future should have been reserved, and the husband should contribute to the carrying costs of the marital home.
• Waters v. Waters
  310 So. 2d 452· Fla. 3d DCA· 1975-04-08 ·cited 2×
  In this dissolution of marriage appeal, the court reviewed a property settlement agreement provision regarding two homes: the marital home and a substitute 'more modest home.' The court held that while the wife was entitled to have the husband pay half the purchase price of the s
• Huey F. Carter v. Carter
  306 So. 2d 587· Fla. 1st DCA· 1974-12-31 ·cited 2×
  Florida appellate court affirmed a dissolution judgment requiring the husband to pay mortgage, taxes, and insurance on the marital residence held as tenants in common, rejecting his argument that this unfairly enhanced the wife's equity because he retained possession and use of t
• Miller v. Miller
  293 So. 2d 760· Fla. 3d DCA· 1974-04-23 ·cited 2×
  The court held that the complaint stated a cause of action for violation of homestead rights, and thus the motion to dismiss was improperly granted.
• Theda NAF v. Raoul R. Wahlberg
  288 So. 2d 576· Fla. 3d DCA· 1974-01-22 ·cited 2×
  In this dissolution of marriage case, the wife appealed the trial court's decision regarding division of jointly owned real property held as tenants by the entireties. The appellate court affirmed the trial court's modification of the divorce judgment, which converted the propert
• Rankin v. Rankin
  268 So. 2d 573· Fla. 3d DCA· 1972-11-14 ·cited 2×
  In this post-divorce dispute, the Florida District Court of Appeal reversed a trial court's decision allowing the former husband a set-off against alimony obligations and holding the former wife solely responsible for property expenses on their jointly-held home. The court held t
• Ottalie Kosco Horne v. Horne
  247 So. 2d 99· Fla. 3d DCA· 1971-04-20 ·cited 2×
  In this Florida divorce case, the trial court ordered the wife's interest in property held as tenants by the entirety to be valued at one-half the outstanding purchase money note balance rather than recognizing her full one-half interest as a tenant in common. The appellate court
• Gen. Ins. Co. OF Am. v. Commodity Credit Corp. & the United States
  430 F.2d 916· 10th Cir.· 1970-08-24 ·cited 2×
  The surety is liable under Bond A for the unsatisfied portion of CCC's quantity shortage claim, and the value of the grain is determined as of the time of the receiver's appointment.
• Osmond Kean v. Eustace V. Dench
  413 F.2d 1· 3d Cir.· 1969-06-27 ·cited 2×
  A tenant in common's conveyance of an undivided interest in a portion of the common property is voidable, not void, and can be given effect if it can be done without prejudice to the non-conveying cotenant.