This is a very sensitive issue, especially if there is no paperwork in place. In marriage or partnerships, people are optimistic and excited and therefore ignore the need to have clear documentation regarding property ownership.
As you will see in this article, it is crucial to establish the direction of your property ownership right at the beginning of your purchase, thereby having provisions for what would happen in specific scenarios.
It is also essential to consider that priorities change with time, interests can change, and the relationship can also take a shift. It is up to you to protect yourself from situations where you and your spouse disagree about your property.
Joint Tenancy, Florida
Can Your Spouse Sell Joint Property Even If You Don’t Want To?
Yes, your partner can sell the joint property even without your consent if you were not in any agreement about its ownership. This means that the property was in their name alone.
However, if the property is titled to both your names, they require your consent to sell it. If you had a joint tenancy in Florida, the law protects you as a part-owner of the property.
It does not matter how much contribution you made to the property. If the law protects you under joint tenancy, you have a shot at contesting the property sale in court.
How Can Having A Joint Tenancy Florida Help In A Partnership?
A joint tenancy in Florida gives equal rights to your property as a part-owner. Unlike tenancy in common, you can decide whether or not to sell your property, and the other partner cannot sell it without your consent unless they go to the court of law.
Who Can Help You If Your Partner Wants To Sell Joint Property?
You need the help of an attorney in determining the extent of your rights in the partnership or marriage. It may be harder to prove ownership if there was no paperwork involved in the first place, but an attorney is your best bet to win this.
Your spouse can request the court to issue orders forcing you to comply with a sale, and you can fall prey if you don’t have excellent legal guidance to advise and fight the case for you.
Where Can You Get Excellent Legal Services?
Are you struggling with joint tenancy in Miami or joint tenancy in Florida?
A qualified attorney is the best way around this situation between you and your spouse. Arturo R. Alfonso P.A. is skilled and experienced in family and property law, thus giving you the best chance to be heard and practice your rights within your property ownership.
We have dealt with many joint tenancy issues, and with our dedication and personalized attention to each client and case, we can emerge winners. Call us today to book a free consultation strategy session.