Saint Augustine, FL asked in Estate Planning for Florida

Q: me and my mother both own half your house in florida- tenants in common - do i have to reside in this house in order to

get my half if she passes

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: No.

Paul Cain
Paul Cain
Answered
  • Estate Planning Lawyer
  • Ponte Vedra Beach, FL
  • Licensed in Florida

A: Tenancy in Common is the default method by which joint title is taken, so unless ownership is held under a joint tenancy, or a tenancy by the entirety, you and your mother will hold the property as tenants in common. If you own the property as tenants in common, then you do not have an automatic right of survivorship, meaning your mother's interest in her half will not pass to you automatically upon her passing.

You both have the right to possess the whole property, and you do not have to reside on the property in order to own your interest in the property. Remember, however, that if you don't have a joint tenancy with a right of survivorship, your mother is able to convey her interest away to another party. This would leave you as a tenant in common with the person she conveys her interest to.

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