[FL] Does my late brother’s ex-wife have rights to his home if her name was misspelled on the deed?
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I’m sorry for your loss. Generally, a misspelling on a deed/signature doesn’t invalidate it if intent is clear and she signed it. If she was later removed from title via a properly recorded deed (e.g., quitclaim) or the divorce judgment awarded the home to your brother, her ownership would typically be terminated despite the misspelling (§ 689.01). Rights to contents are separate—usually governed by the divorce orders and, now, probate. The estate’s personal representative should review the deed history, divorce decree, any quitclaim deeds, and probate filings to confirm ownership and possession.
If she lacks legal authority (no deed/court order), her possession may be wrongful. Practically, police often treat this as a civil matter. Have the estate’s personal representative move quickly in probate to: (1) assert control over the property, and (2) seek a court order (e.g., ejectment/eviction or injunction) if she refuses to leave (Ch. 66, § 66.021). Law enforcement is more likely to act once there’s a court order or clear trespass after notice.
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My brother bought a house before his divorce. His ex was originally a signee; he said he removed her. If her name was misspelled on the original document, does she still have rights to his property and contents under Florida law?
Was the misspelling ever corrected on later legal documents?
No. She signed it as it was.
Any agreements between your brother and his ex regarding rights to the property or its contents after the divorce?
This is my now-deceased brother’s house.
Anything else the family lawyer should know?
No. She has taken possession of the property before we could get documents clarified. Should law enforcement be involved?
I’m sorry for your loss. Generally, a misspelling on a deed/signature doesn’t invalidate it if intent is clear and she signed it. If she was later removed from title via a properly recorded deed (e.g., quitclaim) or the divorce judgment awarded the home to your brother, her ownership would typically be terminated despite the misspelling (§ 689.01). Rights to contents are separate—usually governed by the divorce orders and, now, probate. The estate’s personal representative should review the deed history, divorce decree, any quitclaim deeds, and probate filings to confirm ownership and possession.
If she lacks legal authority (no deed/court order), her possession may be wrongful. Practically, police often treat this as a civil matter. Have the estate’s personal representative move quickly in probate to: (1) assert control over the property, and (2) seek a court order (e.g., ejectment/eviction or injunction) if she refuses to leave (Ch. 66, § 66.021). Law enforcement is more likely to act once there’s a court order or clear trespass after notice.
