Podcast
Questions and Answers
What is the default co-tenancy in Florida?
What is the default co-tenancy in Florida?
- Tenancy by the entirety
- Tenancy in common (correct)
- Joint tenancy
- Sole ownership
If one co-tenant is in possession of the real property, what is presumed?
If one co-tenant is in possession of the real property, what is presumed?
- The other co-tenants have no rights to the property
- The co-tenant has sole ownership of the property
- The co-tenant is holding the property for the benefit of all co-tenants (correct)
- The co-tenant is holding the property solely for their own benefit
What obligation do co-tenants have regarding the costs of the real property?
What obligation do co-tenants have regarding the costs of the real property?
- Only the co-tenant who originally purchased the property is responsible for costs
- Co-tenants can choose to pay costs or not
- All co-tenants must pay their pro-rata share of costs (correct)
- Only the co-tenant in possession is responsible for all costs
What type of co-tenancy is created when a tenancy by the entirety ends due to divorce?
What type of co-tenancy is created when a tenancy by the entirety ends due to divorce?
In a tenancy in common, what does each tenant's ownership interest extend to?
In a tenancy in common, what does each tenant's ownership interest extend to?
What right do tenants in common NOT have?
What right do tenants in common NOT have?
If a co-tenant has exclusive possession of the property and claims ownership under a separate title instrument, what are the other co-tenants entitled to receive?
If a co-tenant has exclusive possession of the property and claims ownership under a separate title instrument, what are the other co-tenants entitled to receive?
What action is required for a possessing co-tenant to establish true adversity against the other co-tenants?
What action is required for a possessing co-tenant to establish true adversity against the other co-tenants?
If a non-occupying co-tenant seeks compensation for maintenance or improvement costs, what are they entitled to?
If a non-occupying co-tenant seeks compensation for maintenance or improvement costs, what are they entitled to?
How can a divorce decree affect the rules regarding co-tenancy?
How can a divorce decree affect the rules regarding co-tenancy?
What happens to a co-tenant's interest upon their death?
What happens to a co-tenant's interest upon their death?
What happens when a co-tenant conveys their interest in the property?
What happens when a co-tenant conveys their interest in the property?
Under what circumstance can a court order the sale of a co-tenancy property as a whole?
Under what circumstance can a court order the sale of a co-tenancy property as a whole?
How can the right to partition be waived in a co-tenancy?
How can the right to partition be waived in a co-tenancy?
What is the legal venue for a partition proceeding in Florida?
What is the legal venue for a partition proceeding in Florida?
Can a co-tenant's interest be attached by creditors?
Can a co-tenant's interest be attached by creditors?
In Florida, how can survivorship rights in a joint tenancy be created?
In Florida, how can survivorship rights in a joint tenancy be created?
Which of the following is NOT one of the four unities required for a joint tenancy with right of survivorship at common law?
Which of the following is NOT one of the four unities required for a joint tenancy with right of survivorship at common law?
How can a joint tenant unilaterally convert a joint tenancy to a tenancy in common?
How can a joint tenant unilaterally convert a joint tenancy to a tenancy in common?
When a joint tenant's interest is subject to levy and sale pursuant to a judgment, the joint tenancy may be severed involuntarily by:
When a joint tenant's interest is subject to levy and sale pursuant to a judgment, the joint tenancy may be severed involuntarily by:
What happens to the interest of a deceased tenant in a joint tenancy?
What happens to the interest of a deceased tenant in a joint tenancy?
Which statement about survivorship rights in Florida is accurate?
Which statement about survivorship rights in Florida is accurate?
What effect does an involuntary execution sale of a judgment debtor's interest have on a joint tenancy?
What effect does an involuntary execution sale of a judgment debtor's interest have on a joint tenancy?
Which unity is necessary for creating a joint tenancy with right of survivorship under common law?
Which unity is necessary for creating a joint tenancy with right of survivorship under common law?
In Florida, what is required to create a tenancy by the entirety?
In Florida, what is required to create a tenancy by the entirety?
'Alienability' in the context of joint tenancy refers to:
'Alienability' in the context of joint tenancy refers to:
'Severability' in relation to joint tenancy means:
'Severability' in relation to joint tenancy means:
According to the common law theory, what does it mean that husband and wife are 'one person'?
According to the common law theory, what does it mean that husband and wife are 'one person'?
What was required to create a tenancy by the entireties under common law?
What was required to create a tenancy by the entireties under common law?
How did Florida's statutory law change the requirements for creating a tenancy by the entireties?
How did Florida's statutory law change the requirements for creating a tenancy by the entireties?
What happens if a conveyance is made to an unmarried couple?
What happens if a conveyance is made to an unmarried couple?
Under Florida's 1968 Constitution, what change was made regarding gratuitous transfers of homestead property to create a tenancy by the entireties?
Under Florida's 1968 Constitution, what change was made regarding gratuitous transfers of homestead property to create a tenancy by the entireties?
What happens to the property upon the death of one spouse in a tenancy by the entireties?
What happens to the property upon the death of one spouse in a tenancy by the entireties?
How is the creation of a tenancy by the entireties indicated in the conveyance document?
How is the creation of a tenancy by the entireties indicated in the conveyance document?
Can one spouse individually convey or encumber property held in a tenancy by the entireties?
Can one spouse individually convey or encumber property held in a tenancy by the entireties?
Which of the following is an exception to the rule that neither spouse can individually convey or encumber property held in a tenancy by the entireties?
Which of the following is an exception to the rule that neither spouse can individually convey or encumber property held in a tenancy by the entireties?
What is the rule regarding partition of property held in a tenancy by the entireties?
What is the rule regarding partition of property held in a tenancy by the entireties?
When can a deed or mortgage of homestead realty owned by a married couple be executed by one spouse through a power of attorney?
When can a deed or mortgage of homestead realty owned by a married couple be executed by one spouse through a power of attorney?
What happens to the ownership of land held by a husband and wife as tenants by the entirety upon the entry of a final judgment dissolving their marriage?
What happens to the ownership of land held by a husband and wife as tenants by the entirety upon the entry of a final judgment dissolving their marriage?
Can a judgment against one spouse be enforced against property owned by the entireties?
Can a judgment against one spouse be enforced against property owned by the entireties?
How does an IRS tax lien against one spouse affect entireties property?
How does an IRS tax lien against one spouse affect entireties property?
What did the United States Supreme Court hold in Obergefell v. Hodges regarding same-sex marriage?
What did the United States Supreme Court hold in Obergefell v. Hodges regarding same-sex marriage?
Prior to the Obergefell v. Hodges decision, what was the status of same-sex marriages in Florida?
Prior to the Obergefell v. Hodges decision, what was the status of same-sex marriages in Florida?
What should same-sex couples in Florida do to ensure their property transfers are treated as entireties property after the Obergefell decision?
What should same-sex couples in Florida do to ensure their property transfers are treated as entireties property after the Obergefell decision?
In the case of Birchfield v. Armstrong, what did the district court require the Florida Surgeon General and State Registrars to do regarding death certificates for same-sex couples?
In the case of Birchfield v. Armstrong, what did the district court require the Florida Surgeon General and State Registrars to do regarding death certificates for same-sex couples?
If a judgment is entered against both a husband and wife, what happens to non-homestead property held by the entirety?
If a judgment is entered against both a husband and wife, what happens to non-homestead property held by the entirety?
What is the most typical example of a non-freehold estate?
What is the most typical example of a non-freehold estate?
What is an incorporeal hereditament?
What is an incorporeal hereditament?
How can the fee title be divided?
How can the fee title be divided?
Which of the following is an example of a defeasible fee?
Which of the following is an example of a defeasible fee?
What is an easement considered as?
What is an easement considered as?
Which type of estate typically involves future interests in other parties?
Which type of estate typically involves future interests in other parties?
What distinguishes a reversion from a possibility of reverter?
What distinguishes a reversion from a possibility of reverter?
In what situation might a grantor have a reversion subject to an executory limitation?
In what situation might a grantor have a reversion subject to an executory limitation?
What distinguishes a fee simple subject to an executory limitation from a fee simple determinable?
What distinguishes a fee simple subject to an executory limitation from a fee simple determinable?
How does a life estate differ from a fee simple estate?
How does a life estate differ from a fee simple estate?
Under what circumstances might a grantor create a shifting executory interest?
Under what circumstances might a grantor create a shifting executory interest?
What differentiates a fee simple determinable from a condition subsequent?
What differentiates a fee simple determinable from a condition subsequent?
What happens when conveyance language is ambiguous in creating an estate?
What happens when conveyance language is ambiguous in creating an estate?
What distinguishes a future interest from a present possessory interest?
What distinguishes a future interest from a present possessory interest?
When might a grantor retain a power of termination in an estate?
When might a grantor retain a power of termination in an estate?
How does alienability differ among various types of estates described?
How does alienability differ among various types of estates described?
What type of severance is the subdivision of property into Lots A and B, or on the basis of acreage?
What type of severance is the subdivision of property into Lots A and B, or on the basis of acreage?
What type of estate is the 'fee simple' estate in real property?
What type of estate is the 'fee simple' estate in real property?
What is the key difference between a fee simple determinable estate and a fee simple subject to a condition subsequent?
What is the key difference between a fee simple determinable estate and a fee simple subject to a condition subsequent?
What is the purpose of the conveyance language 'until', 'while', or 'so long as' in a fee simple determinable estate?
What is the purpose of the conveyance language 'until', 'while', or 'so long as' in a fee simple determinable estate?
What is the purpose of the 21-year statutory limitation on the possibility of reverter or power of termination in defeasible fee estates?
What is the purpose of the 21-year statutory limitation on the possibility of reverter or power of termination in defeasible fee estates?
Which of the following statements about the fee simple estate is correct?
Which of the following statements about the fee simple estate is correct?
Which type of interest is created when a property is granted to both a direct grantee and a named third party, and is not subject to a condition precedent for the third party to take possession?
Which type of interest is created when a property is granted to both a direct grantee and a named third party, and is not subject to a condition precedent for the third party to take possession?
What kind of interest may be destroyed by an event occurring after the vesting of the interest but before it becomes possessory?
What kind of interest may be destroyed by an event occurring after the vesting of the interest but before it becomes possessory?
When does a class close as per the Rule of Convenience in relation to a class gift?
When does a class close as per the Rule of Convenience in relation to a class gift?
In a conveyance 'To A for life, then to the heirs of B,' the remainder is considered contingent because:
In a conveyance 'To A for life, then to the heirs of B,' the remainder is considered contingent because:
What kind of future interest cuts short a prior estate created in the same conveyance and shifts the estate from one grantee to another upon the happening of a condition?
What kind of future interest cuts short a prior estate created in the same conveyance and shifts the estate from one grantee to another upon the happening of a condition?
'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?
'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?
'To A for life and then to the children of B and their heirs (if B already has at least one child).' What happens to future children born after the death of A?
'To A for life and then to the children of B and their heirs (if B already has at least one child).' What happens to future children born after the death of A?
'To A for life, then to B.' In this scenario, what type of remainder does B have?
'To A for life, then to B.' In this scenario, what type of remainder does B have?
'To A for life, then C.' If C's interest can be taken away by an event occurring after vesting but before becoming possessory, what type of interest does C have?
'To A for life, then C.' If C's interest can be taken away by an event occurring after vesting but before becoming possessory, what type of interest does C have?
What is a freehold estate in real property?
What is a freehold estate in real property?
Which of the following is NOT an example of a freehold estate?
Which of the following is NOT an example of a freehold estate?
What is an incorporeal hereditament?
What is an incorporeal hereditament?
How can the fee title to real property be divided?
How can the fee title to real property be divided?
Which of the following statements about defeasible fees is true?
Which of the following statements about defeasible fees is true?
What is the purpose of the language 'until', 'while', or 'so long as' in a fee simple determinable estate?
What is the purpose of the language 'until', 'while', or 'so long as' in a fee simple determinable estate?
What type of estate is a fee simple estate?
What type of estate is a fee simple estate?
In which scenario does a fee simple determinable estate terminate?
In which scenario does a fee simple determinable estate terminate?
What type of interest does a grantor retain in a fee simple determinable estate?
What type of interest does a grantor retain in a fee simple determinable estate?
What language in a grant indicates a fee simple determinable estate?
What language in a grant indicates a fee simple determinable estate?
How can a fee simple subject to a condition subsequent be terminated?
How can a fee simple subject to a condition subsequent be terminated?
Which entity has the power of termination in a fee simple subject to a condition subsequent?
Which entity has the power of termination in a fee simple subject to a condition subsequent?
What happens if the possibility of reverter in a fee simple determinable estate is not exercised within how many years?
What happens if the possibility of reverter in a fee simple determinable estate is not exercised within how many years?
What distinguishes a fee simple determinable estate from a fee simple subject to a condition subsequent?
What distinguishes a fee simple determinable estate from a fee simple subject to a condition subsequent?
How does Florida Statute Section 689.10 impact conveyance language for creating a fee simple estate?
How does Florida Statute Section 689.10 impact conveyance language for creating a fee simple estate?
'To A for life, then to B.' In this scenario, what type of remainder does B have?
'To A for life, then to B.' In this scenario, what type of remainder does B have?
In a conveyance 'To A for life, then to B,' what type of remainder does B have?
In a conveyance 'To A for life, then to B,' what type of remainder does B have?
What characterizes a vested remainder subject to complete divestment?
What characterizes a vested remainder subject to complete divestment?
When does a class gift subject to open (class gifts) close?
When does a class gift subject to open (class gifts) close?
'To A for life, then to the heirs of B.' Why is the remainder considered contingent?
'To A for life, then to the heirs of B.' Why is the remainder considered contingent?
'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?
'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?
'To A for life, then C.' If C's interest can be taken away by an event occurring after vesting but before becoming possessory, what type of interest does C have?
'To A for life, then C.' If C's interest can be taken away by an event occurring after vesting but before becoming possessory, what type of interest does C have?
'To A for life and then to the children of B and their heirs (if B already has at least one child).' What happens to future children born after the death of A?
'To A for life and then to the children of B and their heirs (if B already has at least one child).' What happens to future children born after the death of A?
