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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55594
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In the State of Florida, Under a Joint Tenancy with Full Right

Customer Question

In the State of Florida, Under a Joint Tenancy with Full Right of Survivorship Warranty Deed, can one owner change this Warranty Deed to Tenants in Common without the other owners consent?
This has occurred whereby my wife, who is co-owner of the property, received a new Warranty Deed from her stepfather, the other co-owner. The stepfather has moved into the condo and changed the Warranty Deed without my wife's consent. It is my understanding that a change in a Warranty Deed needs the consent by the other owner. What is my course of action?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Unfortunately, a joint tenancy with right of survivorship can be terminated by either party by simply transferring their interest to themselves as a tenant in common instead of a joint tenant. Although neither party has the right to transfer the other co-owner's interest party does have the legal right to transfer their undivided ownership in the property and any such transfer, whether to themselves or to a third party, automatically terminates the joint tenancy with right of survivorship and converts the ownership to one of tenants in common.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that he could not do this without your wife's consent, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Good afternoon. I respectfully ***** ***** you consider not only removing the negative rating, but also giving me a No-Click accept. It is clear from the customer's remarks that the customer made a mistake and intended to provide an excellent rating rather than a bad service rating. Thank you in advance for your consideration. Richard
Expert:  Richard replied 2 years ago.
Just to follow up with one other thought. You might be thinking of a tenancy by the entirety, which is similar to a joint tenancy with right of survivorship, except it's between spouses. A tenancy by the entirety cannot be severed without the consent of both spouses.