Tampa, FL asked in Estate Planning and Real Estate Law for Florida

Q: If your both on deed in florida and not married is it correct can not sell house with out both parties consenting ???

Or can one owner put house in irrevocable trust ?? With out consent ?? How does that work ?? Is it possible??

2 Lawyer Answers
Ira Markowitz
Ira Markowitz
Answered
  • Estate Planning Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: It depends , is it Tenants in Common or Tenants in Common with Rights of Survivorship or on a Lady Bird Deed as remainder men interest

You should seek advice from a real estate attorney

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You would want and need to have the property deed reviewed to see precisely how the property is held, based on this, will determine what can be done with the property and how it will be handled and held. Generally, if it is a Tenants in Common, that means they own 50% and they can potentially do as they wish with their share/half/percentage. A real estate and Florida Estate Planning Attorney will be able to additionally advise you and give you feedback. You are correct, with two names on the property, you need consent of both to sell.

Anthony M. Avery agrees with this answer

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