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Audit memo Granite Memo highlights this Florida rule. In a Tallahassee transaction, a closing coordinator wants the Florida rule on joint tenancy versus tenancy in common. Which statement is correct?

Correct Answer

D) A unilateral attempt by one spouse to convey property held as tenancy by the entirety generally will not sever the estate validly without the other spouse.

A unilateral attempt by one spouse to convey property held as tenancy by the entirety generally will not sever the estate validly without the other spouse. This follows Florida common-law/property principles; Pearson VUE Florida Sales Associate CIB; current Florida homestead/property practice.

Answer Options
A
Florida presumes joint tenancy with right of survivorship whenever a deed names two unrelated grantees.
B
A tenant in common cannot sell an undivided interest without unanimous consent from the other cotenants.
C
Partition is unavailable in Florida when the parties are unhappy with co-ownership.
D
A unilateral attempt by one spouse to convey property held as tenancy by the entirety generally will not sever the estate validly without the other spouse.

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Related Topics & Key Terms

Key Terms:

floridastate_portionforms_of_ownership_flproperty_rights_estates

Related Concepts

Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).

The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.

Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.

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