Naples, FL asked in Divorce and Real Estate Law for Florida

Q: In FL if a condo is owned 1/3rds by 3 parties, does the spouse one of the parties have claim should they get divorced?

In Florida if a mother (alive), father (deceased), and daughter (alive) own a condo with each having 1/3 share, does the daughters husband have any claim to this property?

If so, can the daughter donate her 1/3rd share back to the mother without issue from her husband or does he have any claim to her 1/3rd share?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Yes, her share is probably a marital asset and should be considered as such in a divorce. And yes, if the daughter attempts to convey her share to her mother, she might want to ask her husband to sign the deed by which the daughter's share is conveyed.

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