12 Questions
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
What is required for true adversity to exist between co-tenants?
The possessing co-tenant must communicate the adversity in some manner
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 an offset equal to the reasonable rental value of the occupying co-tenant's use
What can alter the rules regarding co-tenant occupancy, maintenance obligations, and rental offsets?
All of the above
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 the minor child reaches adulthood
What happens to a co-tenant's interest in the property upon their death?
It will descend to their heirs or can be devised by will
What type of concurrent estate is created when real property is owned by more than one person or entity?
Tenancy in common
What is the defining characteristic of a tenancy in common?
The co-owners have no right of survivorship
How is a tenancy in common created in Florida?
It is the default co-tenancy in Florida
What is the presumption regarding possession of the real property in a tenancy in common?
One co-tenant in possession holds the property for the benefit of all co-tenants
What is the obligation of co-tenants in a tenancy in common?
They must pay their pro-rata share of the costs of the real property
What type of co-tenancy is created when a property held by former spouses following a divorce?
Tenancy in common
Learn about the different classifications of concurrent estates in real property ownership, including tenancies in common, joint tenancies, and tenancies by the entirety. Understand the definitions and rights associated with each type of co-ownership.
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