Real Estate Litigation often arises out of people being careless with language.
A partition suit (or partition and contribution suit) is a lawsuit that a person files in order to force the division of real property. It also enables that person to get contribution from the other owners for expenses of the property if others are not paying their fair share.
A Notice of Lis Pendens is a document that gets filed in a real estate dispute, usually in the land records, after a lawsuit has been initiated. Its purpose is to put the world on notice that the real property described in the document is the subject of a pending lawsuit.
Same-sex marriage partners' rights in Florida real estate have undergone substantial change. When the U.S. Supreme Court published its opinion in Obergefell v Hodges back in June of 2015, it significantly impacted not just civil rights, but also people's rights in real property across the country. If you are in the same-sex marriage or even if you were in one and your spouse died, your rights in that house, condominium or even office building may not be significantly different than you thought. For instance, the State of Florida has long recognized that real property held by a man and a woman who are legally married is automatically a "joint tenancy with rights of survivorship," where there is no statement as to how the property is held. This means that if the deed is to "Mary Jones and John Jones" (with nothing more)...and if Mary and John are legally married...then upon the death of one, the entire property automatically vests in the other, without the necessity of probate. On the other hand, if the title is held by unmarried persons or persons whose marriage elsewhere was not recognized by the State of Florida, then the property was automatically held as "tenants in common." That would mean each person's interest would pass under their will or to their heirs at law if there were no will. Obergefell has surely changed that.
REAL ESTATE PURCHASE AND SALE: Buying a brand new condo, house or a lot? Have you signed a contract to purchase from a developer and are now having second thoughts? Want your money back...or just want changes to the contract? You've talked to the developer's sales agent and you've been told: "Sorry, it's a legally binding contract." Well, maybe it is, and maybe it isn't. Here are some thoughts: