Q: I am on a "Quit Claim Deed" with "joint tenancy with the right of survivorship" so do I have any say on who stays here?
I live in Florida. I am listed as the second party on the deed but like the question states I am listed as a joint tenant which is why I'm not sure. Edit: He is not my spouse, he was my mother's roommate. My mom brought me and my boyfriend here. I've since had a baby with him and she died in March. Ever since then our roommate has been harassing my boyfriend and is now trying to have him kicked out and he was just served the paper today. Our roommate claimed he was my guest that overstayed and was never allowed to live here, even though he's been here for two years.
A: It doesn't matter in which position your name appears. You own 100% of the property along with the other deedholder, whom I assume is your spouse. From a purely legal standpoint, you have just as much say in who stays there as your spouse.
Bruce Alexander Minnick agrees with this answer
A: If the other person named on the deed is NOT your spouse, then the property is a joint tenancy--which can be divided. Unless the property is divided the two of you each own an undivided 50% interest in the property--which differs with Mr. Kaufman's advice only in the fact that neither of you has any more right to stay there than the other one does. It sounds like time to divide.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
