FIRST RESEARCH CORPORATION, A FLORIDA CORPORATION, ET AL., APPELLANTS,
v.
NATIONAL INDUSTRIAL BANK OF MIAMI, F/K/A LINCOLN NATIONAL BANK OF MIAMI, A NATIONAL BANKING CORPORATION, APPELLEE
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The court affirmed that property conveyed as an undivided one-half interest to a spouse creates a tenancy in common with survivorship rights, not an estate by the entireties, and the property is subject to levy against the debtor-spouse.
A deed conveying an undivided one-half interest in property to a spouse creates a tenancy in common with survivorship rights under Florida law, not an estate by the entireties.
[1] A deed conveying an undivided one-half interest in property to a spouse creates a tenancy in common with survivorship rights under Fla. …
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Join FLexlaw to unlock all legal intelligence“the conveyance by Donald A. Eastman, then the owner of the entire fee, of an undivided one-half interest to the appellee created a tenancy in common with the appellee; that the intention thereafter expressed in the deed to hold 'this property' as an estate by the entireties between Eastman and his wife, was in effect the creation of a right of survivorship in the tenancy in common, pursuant to § 689.15.”
The court's holding regarding the proper characterization of a deed conveying an undivided one-half interest to a spouse.
James C. Smoot conveyed an undivided one-half interest in property to his wife, Ivia Smoot, by deed. Ivia was impleaded as a defendant in a proceeding…
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The appellant, Ivia Smoot, was an im-pleaded defendant in a proceeding supplemental to a judgment against her husband. She appeals a final order holding certain property subject to levy. Appellant’s contentions that the trial court’s decision was (1) beyond the authority of the statute, and (2) against the weight of the evidence, are without merit. See Ferguson v. State Exchange Bank, Fla.App.1972, 264 So.2d 867.
Both parties refer to Little River Bank & Trust Company v. Eastman, Fla.App. *8231958, 105 So.2d 912, in connection with the trial court’s construction of a deed to an undivided one-half interest in the property given by the debtor James C. Smoot to his wife, Ivia Smoot. Appellant contends that a similar deed was held to have created an estate by the entireties in the Little River Bank case. A reading of the case refutes appellant’s claim. The holding there was:
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“We are of the view that the conveyance by Donald A. Eastman, then the owner of the entire fee, of an undivided one-half interest to the appellee created a tenancy in common with the appellee; that the intention thereafter expressed in the deed to hold ‘this property’ as an estate by the entireties between Eastman and his wife, was in effect the creation of a right of survivorship in the tenancy in common, pursuant to § 689.15.”
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No error has been demonstrated on this record.
Affirmed.
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Neely v. Richard Bruten D.B.N. of Estate of Curtis Bruten, 339 So. 2d 1126 (Fla. 1st DCA 1976)…the former ad-ministratrix applied for confirmation of her sale to the Neelys. Again the Neelys were not made parties. The county judge denied confirmation of the sale and, on appeal by the former administratrix, we affirmed. In re Estate of Bruten, 272 So. 2d 822 (Fla.App. 1st, 1973). Finally, the Neelys appeared in the estate proceedings — now lodged in the circuit court pursuant to revised Article V of the Florida Constitution — and petitioned for reconsideration of the orders which adversely affected the…
Authorities Cited
- Little River Bank & Tr. Co. ad Litem of the Est. of D. A. Eastman v. Eastman, 105 So. 2d 912 (Fla. 3d DCA 1958)
- Ferguson v. State Exch. Bank & The First Nat'l Bank of Lake City, 264 So. 2d 867 (Fla. 1st DCA 1972)