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
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.
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.
