Contracts For Unmarried Couples That Are Buying A Home In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-00414BG
Format:
Word; 
Rich Text
Instant download

Description

Co ownership of real property can be in the following forms:



" Tenancy in common, in which the interest of each owner may be transferred or inherited;


" Joint tenancy, in which the tenants each have a right of survivorship;


" Tenants by the entirety, in which a husband and wife own property and have a right of survivorship; or


" Community property, which applies in some States to property acquired during the period of a marriage.


The phrase joint tenancy refers to a method of ownership by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies his share automatically passes to the surviving joint owners by operation of law.


Traditionally, when two or more people own real property together, they hold it as tenants in common. Owning real property as joint tenants with full rights of survivorship has, in the past, been usually been limited to married couples or other close kinship. However, there is no reason that single unmarried people cannot own property in a joint tenancy arrangement.

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  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants
  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants
  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants

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FAQ

Absolutely! Buying a Florida home and being married have no correlation with one another; not to mention it is an Equal Credit Opportunity Act (ECOA) violation for mortgage lenders to discriminate on the basis of marital status and it is against our Equal Housing Opportunity code of ethics.

Florida law distinguishes separate property from marital property in a divorce, though there can only be rights to marital property if you are married. Unmarried couples are not considered to have shared property unless both partners are listed as owners.

As long as you and your ex can agree on how to divide up your assets, there is no need to involve lawyers or the court system. Even if children are involved, in most states you have the opportunity to separate in private, ing to whatever arrangements the two of you agree on.

In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage.

The Legal Status of Cohabitating Partners Cohabitating partners do not have the same legal status as married couples. Without a marriage certificate, cohabitating partners are not legally recognized as spouses. This means they do not have automatic rights to each other's property or assets in the event of a separation.

Types of Ownership The two primary ownership options available in Florida are joint tenancy and tenancy in common. In a joint tenancy, both partners share equal ownership of the property, with the right of survivorship ensuring that if one partner passes away, the other automatically inherits their share.

Many unmarried couples in Florida can also buy a house or hold a title as joint tenants with right of survivorship, in which case, they have complete survivorship rights. In this case, both receive an share property 100% each, and either will inherit the other's share in the event of their death.

For instance, if you're married, the most common way to title your home is Tenancy by the Entirety (TBE). That endows survivorship rights, some creditor protection, and allows for transfers only with the consent of both spouses.

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Contracts For Unmarried Couples That Are Buying A Home In Miami-Dade