[FL] Can an unwritten property co-owner be removed after their partner passes away?

Lexi, Chatbot

I understand how stressful it can be to receive an unlawful detainer summons. Can you please confirm whether you have a lease agreement or any written documentation regarding your occupancy of the property?

Lexi, Chatbot

Have you had any prior communication with the landlord about the unauthorized occupant issue?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your unlawful detainer summons.

Hammad S. Esq.

Hey there! Welcome to our service. I'm Hammad, an attorney with many years of experience, and I'm here to help you. Just so you are aware, our service is a legal information only site. No attorney-client relationship is formed from our conversation. Given your situation with the unlawful detainer summons, have you had any previous issues with the landlord or property management that might be relevant?

Hammad S. Esq.

Could you explain a bit more about your living arrangement? For example, how did you come to reside at the property, and who do you consider to be the owner or manager of the property?

Hammad S. Esq.

Thanks for sharing that. Do you have any written agreements or documents regarding the ownership or your right to reside in the property, especially after your brother's passing?

Hammad S. Esq.

Based on your situation, there are several legal arguments and considerations in property law that could potentially support your case:

1. Verbal Agreements: While written agreements are generally stronger in legal disputes, verbal agreements can still be legally binding in certain circumstances. The challenge often lies in proving the terms of the agreement.
2. Adverse Possession: In some jurisdictions, if a person has occupied a property openly, continuously, and without permission for a certain period, they may claim ownership through adverse possession. However, this is a complex area of law and varies by location.
3. Equitable Ownership: Given your contributions to the property, such as maintenance and paying taxes, you might have a claim to equitable ownership. This concept recognizes the financial and labor contributions made by someone who is not the legal titleholder.
4. Tenancy in Common: If the property was purchased jointly, you might be considered a tenant in common, which means you have a legal right to a portion of the property.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Hammad S. Esq.

Given your situation in Florida, here are some steps and considerations that might help you address the unlawful detainer summons:

1. Understand Your Legal Standing. Since you have been residing on the property for over 15 years and have contributed significantly to its upkeep, you may have a claim to equitable ownership. This means that even without a written agreement, your financial and labor contributions could be recognized legally. Because the property was purchased jointly, an action to formally divide or resolve competing interests in the property, known as partition, is also a remedy available to co-owners under Florida law.
2. Consider Adverse Possession. Florida law allows for adverse possession claims if you have occupied the property openly and continuously for a certain period. Under (FL Stat § 95.16-18), a person may establish adverse possession after seven years of continuous possession, either under color of title or, without a written instrument, by paying the property taxes and filing a return with the county property appraiser. This is a complex legal area, so consulting with a local attorney who specializes in property law could provide clarity on whether this applies to your case.
3. Review Property Documents. Even though you mentioned there are no written agreements, check any available documents related to the property, such as tax records or insurance documents, that might support your claim of residency and contribution.
4. Communicate with the Co-Owner's Widow. Attempt to have a calm and open discussion about the situation. Explain your contributions and your understanding of the agreement with the late co-owner. Sometimes, a mutual understanding can be reached without legal intervention.
5. Seek Legal Advice. Given the complexity of your situation, consulting with a real estate attorney in Florida is crucial. They can provide specific advice tailored to your circumstances and help you understand your rights and options.
6. Respond to the Summons. It's important to respond to the unlawful detainer summons within the 5-business-day timeline (FL Stat § 82). An attorney can help you draft a response that outlines your position and any defenses you might have.

Please let me know if you have further questions.

Hammad S. Esq.

I understand your need to draft a response to the summons to buy some time. While I can't draft the document for you, I recommend stating your long-term residence, contributions to the property, and your intention to seek legal counsel. This can help demonstrate your good faith effort to resolve the matter.

Regarding the type of attorney, a real estate attorney would be more suitable for your situation, as they specialize in property disputes. However, if there are inheritance issues involved, a probate attorney might also be helpful.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Hammad S. Esq.

Unfortunately, I can't send a copy of our conversation directly to your email. However, you can copy and paste the text into a document or email to save it for your records. If you have any other questions or need further assistance, feel free to ask!

If you have more questions in the future, you can definitely ask them here on our service. Don't hesitate to reach out whenever you need assistance! All the best, take care!

Hammad S. Esq.

Placing a lien on the property could be a way to secure your financial interest in it, especially given your contributions over the years. However, this process can be complex and varies by jurisdiction. It's important to consult with a real estate attorney to understand the implications and ensure it's the right step for your situation. They can guide you on how to proceed with filing a lien if it's appropriate.

Hammad S. Esq.

You're welcome! If you have any more questions, feel free to reach out. Take care and best of luck with everything!