Practice Areas

Real Estate

Van Eden Law’s real estate legal services in Stuart, Florida.

Navigating Transactions with Confidence

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.

Sage Guidance Across Every Step:

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:

Deciding How Best to Take Title:

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 (see table comparison below), or with the use of a life estate, a trust or other legal entity such as a corporation or a limited liability company.

Comparison of Concurrent Estates in Land:

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.

 

International Buyers and Sellers:

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.

Areas of Practice

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Let us assist you in navigating the intricacies of your real estate transaction and protecting your interests.


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772.900.6464