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Questions and Answers
If a co-tenant has exclusive possession of the property and claims ownership under a separate title instrument, and the other co-tenants are aware of this adversity, what is the consequence for the co-tenant in possession?
If a co-tenant has exclusive possession of the property and claims ownership under a separate title instrument, and the other co-tenants are aware of this adversity, what is the consequence for the co-tenant in possession?
- They are responsible for paying rent to the other co-tenants (correct)
- They can evict the other co-tenants without any legal process
- They automatically become the sole owner of the property
- They are entitled to collect rent from the other co-tenants
What is required for true adversity to exist between co-tenants?
What is required for true adversity to exist between co-tenants?
- The possessing co-tenant must change the locks and ignore communication attempts
- The non-possessing co-tenants must file a legal action against the possessing co-tenant
- The possessing co-tenant must obtain a separate title instrument
- The possessing co-tenant must communicate the adversity in some manner (correct)
If an occupying co-tenant makes a claim against non-occupying co-tenants for maintenance or improvement costs, what are the non-occupying co-tenants entitled to?
If an occupying co-tenant makes a claim against non-occupying co-tenants for maintenance or improvement costs, what are the non-occupying co-tenants entitled to?
- They are entitled to demand immediate eviction of the occupying co-tenant
- They are entitled to an offset equal to the reasonable rental value of the occupying co-tenant's use (correct)
- They are not entitled to any offset or compensation
- They are entitled to demand immediate sale of the property
What can alter the rules regarding co-tenant occupancy, maintenance obligations, and rental offsets?
What can alter the rules regarding co-tenant occupancy, maintenance obligations, and rental offsets?
When does an occupying co-tenant's exclusive occupancy end, entitling the ex-spouse co-tenant to claim a rental offset, if the divorce decree is silent on the matter?
When does an occupying co-tenant's exclusive occupancy end, entitling the ex-spouse co-tenant to claim a rental offset, if the divorce decree is silent on the matter?
What happens to a co-tenant's interest in the property upon their death?
What happens to a co-tenant's interest in the property upon their death?
What type of concurrent estate is created when real property is owned by more than one person or entity?
What type of concurrent estate is created when real property is owned by more than one person or entity?
What is the defining characteristic of a tenancy in common?
What is the defining characteristic of a tenancy in common?
How is a tenancy in common created in Florida?
How is a tenancy in common created in Florida?
What is the presumption regarding possession of the real property in a tenancy in common?
What is the presumption regarding possession of the real property in a tenancy in common?
What is the obligation of co-tenants in a tenancy in common?
What is the obligation of co-tenants in a tenancy in common?
What type of co-tenancy is created when a property held by former spouses following a divorce?
What type of co-tenancy is created when a property held by former spouses following a divorce?
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