Buying, selling, or developing property in Florida is an exciting yet complicated endeavor. Whether you are a seasoned investor or a first-time buyer, navigating the intricate legal landscape can be daunting. At Van Eden Law, we take the stress out of real estate transactions by providing comprehensive legal support tailored to your unique needs and goals.
From the initial offer to the closing table, we guide you through every stage of the process, ensuring your transaction is handled smoothly and in your best interests. We have an extensive track record of success in handling a wide range of transactions, including:
We offer guidance in the best manner of taking title according to your specific needs and goals, whether by one of the “legal tenancies” – a tenancy-in-common, a joint tenancy, a tenancy-by-the-entireties, or with the use of a life estate, a trust or other legal entity such as a corporation or a limited liability company.
Kind of Tenancy | How Created | Typical Words In Deed Or Will | Unities Present | Interest Owned By Tenant | Power Of Disposition | How Can Disposition Be Made | Rights On Intestacy | How Destroyed |
Tenancy By The Entirety | By act of the parties, deed or will. | A “to H & W and their heirs.” | Time Title Interest Possession Person | Husband and wife as a unit own the whole, joint ownership. | Both husband and wife must join in conveyance. | By deed only and not by will. Survivorship defeats effect of will. | Survivor continues to own but in severalty. | Divorce terminates the tenancy and makes them tenants in common. |
Joint Tenancy | By act of the parties, deed or will. | A “to B & C and their heirs as joint tenants with the right of survivorship and not as tenants in common.” | Time Title Interest Possession | All tenants as a unit own the whole, joint ownership. | All may join and dispose of whole or each tenant can dispose of share he did not own as such. | By deed only and not by will. Survivorship defeats effect of will. | If only one survivor he continues to own but in severalty. If more than one owner they continue to own in joint tenancy. | 1-One tenant conveys his interest. 2-By partition in kind among tenants. 3-By any act which breaks any unity. |
Tenancy In Common | By act of the parties, deed, will, or by law. | A “to B and C and their heirs share & share alike as cotenants.” | Possession | Each tenant owns an undivided portion which portions are not necessarily equal. | Each tenant can dispose of his undivided share or part thereof. | By deed or by will. | Heir or heirs inherits undivided interest of deceased co-owner. | 1-By partition among tenants. 2-By uniting all titles in one tenant in severalty by purchase or otherwise. |
Our practice has extensive experience in assisting international buyers and sellers and we are here to help guide you through the issues that are relevant to your transaction such as ownershipentity selection, tax strategies, and IRS compliance.
Let us assist you in navigating the intricacies of your real estate transaction and protecting your interests.