Florida/Georgia Personal Injury & Workers Compensation

...E.g., Mays v. Mays, supra ; Olsen v. Olsen, 195 So.2d 864 (Fla.App.3d 1967); Allen v. Allen, 123 So.2d 355 (Fla.App.2d 1960). [3] See, e.g., Forde v. Forde, 152 Fla. 142, 10 So.2d 919 (1942); Strauss v. Strauss, 148 Fla. 23, 3 So.2d 727 (1941). [4] Section 689.15, Fla....

...For all other personal property, the Florida statutes provide that the doctrine of right of survivorship shall not apply to personal property held by joint tenants "unless the instrument creating the estate shall expressly provide for the right of survivorship." § 689.15, Fla....

...s lump sum alimony. It is Petitioner's position, and we agree, that the marital home and furnishings owned by the parties in a tenancy by the entireties shall *136 be held after dissolution of marriage of the parties as tenants in common pursuant to Section 689.15, Florida Statutes....

...In the case of Strauss v. Strauss, supra, it was further said that upon divorce the husband and the wife who held an estate by the entirety became “joint tenants or tenants in common.” Of course by Section 3, Chapter 20954, Laws of Florida, Acts of 1941, Section 689.15, Florida Statutes, 1941, and F.S.A., it is now expressly provided that “in cases of estates by entirety, the tenants, upon divorce, shall become tenants in common.” From the authorities we have examined it appears that there is one...

...plied). We thus start with the fact that in the absence of any claim for special equity on either spouse's part, record title bespeaks an equal division of property. A tenancy by the entireties automatically becomes a tenancy in common upon divorce. § 689.15, Fla....

...Tronconi argues that, in the absence of any special claims on jointly held property, the court has no choice but either to partition the property upon application of either party, or to do nothing, which, upon dissolution, results in a tenancy in common. Ch. 64, Fla. Stat. (1981) (partition); § 689.15, Fla....

...In the absence of specific discussion of the circumstances of the parties, it is difficult to discern what was the justification for the trial court's novel property disposition. Upon dissolution of a marriage, property held by the parties as an estate by the entirety is transformed automatically into a tenancy in common. § 689.15, Fla....

L. 1927 (Sec. 3617 R.G.S. 1920). But under section 689.15 Florida Statutes, 1941, F.S.A., joint tenancies

...969. Upon divorce the wife ordinarily becomes the owner of an undivided one-half interest as a tenant in common with the husband in land formerly owned by the spouses as an estate by the entirety. Hoke v. Hoke, Fla.App. 1967, 202 So.2d 118. See F.S. Section 689.15, F.S.A....

...one-half of the house payments, taxes and insurance which he was required to pay under the final judgment. While the divorce decree did sever the joint tenancy, and vest an undivided one-half interest in the home in each party as tenants in common, section 689.15, Florida Statutes (1985); Ball v....

...ancellor certainly found adequate support in this record for his conclusion that no estate by the entirety with all of its peculiar incidents was intended. See Section 659.29, Florida Statutes, F.S.A., with reference to joint bank accounts. Also see Section 689.15, Florida Statutes, F.S.A., with reference to joint tenancies and estates by the entirety....

...poses, and the home is jointly owned, there is no necessity for the application of equitable remedy of lump sum alimony in order to make an equitable and just distribution of the home. That result is achieved by the property law concepts embodied in section 689.15, Florida Statutes, which provides "in cases of estates by the entirety, the tenants, upon dissolution of marriage, shall become tenants in common" and by chapter 64, Florida Statutes, which provides for partition between tenants in common....

...He found that this property was held as an estate by the entireties and was valued at $10,231. He thereupon ordered the defendant-husband to pay the plaintiff-wife one half that amount and ordered the latter to convey to the former all her interest. The statute, Section 689.15, Florida Statutes, 1941, and F.S.A., provides that "in cases of estates by entirety, the tenants, upon divorce, shall become tenants in common." The chancellor, by his decree, severed the marriage relationship and decided that the parties owned equal interests in the estate....

...was error not to require reimbursement where the party in possession has paid 100% of the common expenses. That result flows from the following analysis. Upon dissolution of marriage the tenants of an estate by the entirety become tenants in common. § 689.15, Fla....

...ancellor is without authority to effect what might amount to a property settlement between parties to a divorce action and cannot dispose of the property belonging to the parties as an incident to the divorce. This line of cases relies on Fla. Stat. § 689.15, *491 F.S.A., wherein the last sentence provides: "......

...eld by tenants by the entireties should be afforded for partition of personalty held as tenants by the entireties and that Florida Statute § 64.091 so provides. In Sistrunk v. Sistrunk, Fla.App. 1970, 235 So.2d 53, 55, the court said: "By virtue of Section 689.15, F.S....

...At the time it (signature card) was executed, Section 5482, Compiled General Laws of 1927, provided that the right of survivorship where real estate or personal property is held by joint tenants shall not prevail. This section was modified by Chapter 20954, Acts of 1941, now Section 689.15, Florida Statutes 1941, but not so as to affect this case....

...1959, 112 So.2d 63, 65 and Latta v. Latta, Fla.App. 1960, 121 So.2d 42. Once the marriage is dissolved and the proportionate share of each in the estate has been fixed, the parties become tenants in common of such real property formerly held as an estate by the entireties. Section 689.15, Fla....

...and most of the cases involving a claim by the survivor to a joint bank account heretofore decided by this court were principally concerned with the question of whether the banking memoranda establishing the joint account sufficiently complied with Section 689.15, Fla....

...rdered to satisfy the lien. The husband appealed the final judgment. On appeal, the district court noted that the property at issue held by the parties as a tenancy by the entireties, upon dissolution, automatically converted to a tenancy in common. § 689.15, Fla....

...However, the ownership interest of each was settled once and for all at the time the judgment of dissolution became final. Upon dissolution of marriage, property held by the spouses as an estate by the entireties converts to a tenancy in common. Cummings v. Cummings, 330 So.2d 134 (Fla. 1976); § 689.15, Fla....

...Further, neither tenant may possess a special equity in an estate by the entirety because, in the eyes of the law, both tenants are merged into one being. Property held as a tenancy by the entireties does not convert to a tenancy in common until after dissolution of marriage. See § 689.15, Fla....

...e parties in the stock or real estate, such clause could not act to reserve jurisdiction to the court to enable it at some indefinite time in the future to settle such property rights. McEachin v. McEachin, Fla.App. 1963, 154 So.2d 894. By virtue of Section 689.15, F.S....

...t against the husband only for one half of the reduction of principal of the mortgage which her payments accomplished. The residence property was owned by the parties as tenants by the entirety. Upon divorce they owned it as tenants in common, under § 689.15 Fla....

...ame the consideration for the transfer is love and affection. In the absence of a direct showing to the contrary the wife will be held to be the owner of a one-half interest upon the granting of divorce. Kollar v. Kollar, 155 Fla. 705, 21 So.2d 356. Section 689.15, Fla....

...We, therefore, reverse the order herein appealed and remand with instructions to change the lump sum alimony to permanent alimony in the amount of $200.00 per month and to place title of the former marital domicile in both parties' names, as tenants in common, as provided by F.S. 1969, section 689.15, F.S.A....

...e applies equally to personal property such as the mortgage involved in this case. In point, as to a mortgage so held, is Powell v. Metz, Fla. 1952, 55 So.2d 915, at page 916, where the Court said this: "The appellant contends that in this situation Section 689.15 Florida Statutes, 1949, and F.S.A., applied; that is to say, the instrument constituted an estate by the entireties which metamorphosed into an estate in common immediately the divorce was rendered, giving each spouse the right to one-half the installments paid thereafter....

...Berger v. Berger, Fla.App. 1966, 182 So.2d 279. The exclusive right of possession of the marital home was a cloud, or burden upon this property as reflected by the final decree of divorce. The final decree made the Blacks tenants in common, (See Fla. Stat. § 689.15, F.S.A.) and gave record notice to the world that Mrs....

...entitled to receive one-half of that first $25,000 of the proceeds of sale of the home, by virtue of her one-half ownership. Under the law the marital residence is owned by the parties as tenants in common, following the dissolution of the marriage. § 689.15 Fla....

...The husband/appellant argues the Trial Court had no power to reserve jurisdiction to determine property rights. He thus contends that all property owned by the parties as tenants by the entirety was subject to the automatic effect of Florida Statute 689.15....

...hey involved situations where property rights were actually determined but a reservation of jurisdiction was also made. To the extent that such cases are not distinguishable, then this case stands in conflict. Based on the foregoing, Florida Statute 689.15 did not come into effect until the Court disposed of all property rights in the second judgment....

...poses, and the home is jointly owned, there is no necessity for the application of equitable remedy of lump sum alimony in order to make an equitable and just distribution of the home. That result is achieved by the property law concepts embodied in section 689.15, Florida Statutes, which provides "in cases of estates by the entirety, the tenants, upon dissolution of marriage, shall become tenants in common." Gorman [400 So.2d] at 79; Bullard v....

...all the real and personal property held as an estate by the entireties". As recently as July 11, 1972, this Court, in Harder v. Harder, Fla.App. 3, 1972, 264 So.2d 476-477, approved and cited Rankin ; observing that a "line of cases arises from F.S. § 689.15, F.S.A., wherein the last sentence provides: `......

...1960, 121 So.2d 42; Bell v. Bell, Fla.App. 1959, 112 So.2d 63. The courts have affirmed this rule in Rankin v. Rankin, Fla.App. 1972, 258 So.2d 489; Steinhauer v. Steinhauer, Fla.App. 1971, 252 So.2d 825; Massey v. Massey, Fla.App. 1967, 205 So.2d 1. By virtue of F.S. § 689.15, F.S.A....

...repealed by Chapter 71-316, Sec. 5, Laws of Florida, effective September 1, 1971. [3] Both of whom were emancipated when the petition for dissolution of the marriage was filed. [5] And so "title to the" property will be "controlled by statute, F.S. Section 689.15, F.S.A." Cribb v....

...and b) enjoined appellant from having any adult male other than a member of her family residing on the premises. The marital domicile was jointly owned and so upon dissolution of the marriage each party became a tenant in common pursuant to statute. § 689.15, F.S....

...oven." First National Bank v. Hector Supply Co., 254 So.2d 777, 780 (Fla. 1971). [1] Assuming that intent to create a tenancy by the entireties could not be proven, the mortgage would have been held by the Hendersons as tenants in common, Fla. Stat. § 689.15 (1977), and rights to half of the mortgage proceeds would have entered Henderson's estate....

...ultery. The chancellor in his amended final decree, as in his first decree, declared that the parties became tenants in common of the real estate owned by them in New York. This declaration, if the property were located in Florida, is in accord with section 689.15 Fla....

...parties' interest in property held by the entireties simply as an incident of the divorce. Valentine v. Valentine, Fla. 1950, 45 So.2d 885. See also Boles v. Boles, Fla. 1952, 59 So.2d 871. We are not unmindful of the fact, as above indicated, that § 689.15, supra, is applicable only to real property situated in the State of Florida....

...The court then required the wife to convey all of her right, title and interest in and to all of her remaining property to her husband. The property involved was jointly owned by the parties and consisted of real and personal property. A line of cases arises from F.S. § 689.15, F.S.A., wherein the last sentence provides: "......

...1960, 121 So.2d 42; Bell v. Bell, Fla. App. 1959, 112 So.2d 63. The courts have affirmed this rule in Rankin v. Rankin, Fla.App. 1972, 258 So.2d 489; Steinhauer v. Steinhauer, Fla.App. 1971, 252 So.2d 825; Massey v. Massey, Fla.App. 1967, 205 So.2d 1. By virtue of F.S. § 689.15, F.S.A....

...and authority and the appellant is entitled to have this portion of the final decree reversed. The homestead property was held in an estate by the entireties and upon the granting of the final decree of divorce the parties became tenants in common. § 689.15, Fla....

...We hold the trial court was in error in directing sale of the properties, and reverse that portion of the decree. The first of the two parcels mentioned was owned by the parties as tenants by the entirety. Upon divorce they became equal owners as tenants in common. Section 689.15, Fla....

...d, and this cause is remanded to the chancellor for further determination of these items. Affirmed in part; reversed in part, with directions. NOTES [1] Being an estate by the entireties, it became a tendency in common, pursuant to the provisions of § 689.15 Fla....

...right of survivorship and not as tenants in common' following their names. Upon receipt by a corporation of proof satisfactory to it of the death of one or more of such joint tenants it may issue a new certificate to the survivor or survivors." And section 689.15 of the Florida Statutes, F.S.A., provided: "Estates by survivorship....

...not in and of itself sufficient to establish a complete gift and transfer of the shares [of stock] either before or after the death of Louis, notwithstanding the wording of the above statutes (referring to section 1701.34(D) of Ohio revised code and section 689.15 of the Florida Statutes)." This statement taken out of context would appear to be an incorrect statement of law since until proven otherwise appellant upon the death of Louis was presumed to be the rightful owner of the shares of stock...

...In a suit to foreclose the mortgage, the lower court denied foreclosure and cancelled the mortgage. On appeal the Third District reversed, reasoning that upon dissolution, title to the property became vested in the husband and wife as tenants in common pursuant to section 689.15, Florida Statutes (1963), for the "twinkling of a legal eye," thereby subjecting the husband's undivided one-half interest to the mortgage lien before sole title vested in the wife. Even though section 689.15, Florida Statutes (1985), provides that a tenancy by the entirety becomes a tenancy in common by operation of law upon dissolution of marriage, we reject the "twinkling of a legal eye" analysis of the Third District....

...1972) and Sistrunk v. Sistrunk, 235 So.2d 53 (4th D.C.A.Fla. 1970), as being a property settlement improperly imposed by the trial court. After dissolution, unless there exists a special equity, a request for partition, or an agreement between the parties, F.S. 689.15 (1973) operates to render the former tenants by the entireties as tenants in common....

...This statement alone rather clearly implies that he has the ability to provide for his own necessities, but in any event, it clearly could not sustain a finding that he does not have such ability. The parties' respective interest in the property is controlled by statute, F.S. Section 689.15, F.S.A., in the absence of the court expressly finding and determining that a special equity in the property exists in favor of one spouse or the other (which did not occur here) or in the absence of awarding the property as lump sum alimony (which should not have occurred here)....

...lant his ex-wife's joint interest in the business and the property upon which the business is located. If either of the parties to a dissolution of marriage proceeding desires his jointly held property divided in a manner other than that provided by § 689.15, Fla....

...Niemann v. Niemann, Fla.App. 1974, 294 So.2d 415 (Opinion filed May 17, 1974) and cases cited therein. The record in the instant case clearly reflects an absence of an agreement of the parties and an appropriately pleaded prayer for partition. By virtue of § 689.15, Fla....

...es upon joint sale or ultimate partition of the premises. The wife was not awarded temporary or permanent periodic alimony. Once again, we reiterate that, upon dissolution of a marriage, the parties become tenants in common in the marital home under Section 689.15, Florida Statutes (1979)....

...He also directed that one-half of a designated bank deposit be delivered to the clerk to await the further order of the court. There was no mention of the mortgage with which we are presently concerned. The appellant contends that in this situation Section 689.15 Florida Statutes, 1949, and F.S.A., applied; that is to say, the instrument constituted an estate by the entireties which metamorphosed into an estate in common immediately the divorce was rendered, giving each spouse the right to one-half the installments paid thereafter....

...Article V, Section 3(b)(3), Florida Constitution. In Cummings the parties in a marriage dissolution proceeding owned their home as a tenancy by the entireties. Upon dissolution the usual course would have been for the parties to hold the home as tenants in common. Section 689.15, Florida Statutes (1975)....

...ies or is no necessity for lump sum alimony for support and the home is jointly owned, there is no necessity for application of the remedy of lump sum alimony in order to make a just and equitable distribution of the home. That result is achieved by Section 689.15, Florida Statutes (1979) which provides that "......

...[2] Appellant is correct on this point. *30 Accordingly, the judgment appealed from should be, and it is hereby, reversed and the cause is remanded for the entry of such further orders as may be necessary consistent herewith. HOBSON and GRIMES, JJ., concur. NOTES [1] § 689.15, F.S....

...Stat., F.S.A., provides that the notice to the defendant shall set forth: "(2) The nature of the suit or proceeding in short and simple terms (but neglect to do so shall not be construed as jurisdictional); * * * * * * "(4) The description of real property, if any, proceeded against." § 689.15, Fla....

...Whiteley, 329 So.2d 352 (Fla. 4th DCA 1976); Lyons v. Lyons, 208 So.2d 137 (Fla. 3d DCA 1968). In the instant case, the husband and wife herein held the marital home as tenants by the entireties. Upon dissolution of their marriage, they held the home as tenants in common. Section 689.15, Florida Statutes (1975)....

...In a later suit to foreclose the mortgage, the court held that the mortgagee had a lien on an undivided one-half interest in the property. Referring to a familiar Bible passage, the court reasoned that when the parties were divorced, title to the property became vested in the husband as a tenant in common pursuant to Section 689.15, Florida Statutes (1963) for the "twinkling of an eye" thereby subjecting his interest to the mortgage lien before the wife obtained full title....

...In the absence of fraud, there would have been nothing to prevent Mr. Heinselman from conveying his interest in the property to appellee free of appellants' lien prior to their divorce. See Section 689.11, Florida Statutes (1975); cf. Meyer v. Faust, 83 So.2d 847 (Fla. 1955). Of course, Section 689.15, Florida Statutes (1975) specifies that in the case of estates by the entireties, the tenants shall become tenants in common upon divorce....

...Crabtree, individually and as executor of Laura Mae Crabtree, brought suit for declaratory decree against the Barnett National Bank of Jacksonville and Doris B. Garcia to determine the lawful owner of a joint savings account held by the bank. Doris B. Garcia answered the bill alleging a joint tenancy under Section 689.15 , F.S.A., and that on the death of Laura Mae Crabtree she became the owner of the joint account by right of survivorship....

...On final hearing the chancellor held that the joint account was the property of Doris B. Garcia, the surviving codepositor. This appeal is from the final decree. The point for determination is whether or not the surviving depositor of a joint savings account is, under the theory of contract and the provisions of Section 689.15 , F.S.A., entitled to the proceeds of the joint account by right of survivorship....

...Garcia was the daughter of Laura Mae Crabtree by a former marriage. Frank M. Crabtree claims ownership of the joint account as the sole beneficiary under the will of his deceased wife. Doris B. Garcia claims ownership of the joint account by right of survivorship as provided by Section 689.15 , F.S.A. The joint savings account was opened February 21, 1944 by Laura Mae Crabtree and Doris B. Garcia. Section 689.15 , F.S.A., abolished the common-law right of survivorship in this State "except in cases of estates by entirety, a devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the i...

...sly provide for the right of survivorship; and in cases of estates by entirety, the tenants, upon divorce, shall become tenants in common." *Page 467 So the real point at issue is whether or not Doris B. Garcia brings herself within the exception to Section 689.15 , F.S.A., just quoted....

...bank ledger, each contain the language, "payable to either or the survivor," stamped thereon by the bank. The testimony further shows that Mrs. Crabtree and her daughter intended to establish a joint account of survivorship in the manner provided by Section 689.15 , F.S.A., which was considered by this Court in Cerny v....

...r sheet established a contract whereby the survivor, Doris B. Garcia, is entitled to ownership of the joint account on the death of her mother. It also shows that it was the intention of the parties to create a survivorship in the manner provided by Section 689.15 , F.S.A....

...h partner should be presumed to have made a gift to the other based upon the marital relationship", Steinhauer v. Steinhauer, supra. Therefore, upon dissolution each party is entitled to one-half interest in property held by the entireties. See F.S. Section 689.15, F.S.A....

...ousehold ... responsibilities," which Ball pointed out could not form the basis of a special equity. Accordingly, the husband legally failed to prove a special equity in the Florida home, and so upon dissolution the parties became tenants in common. § 689.15, Fla....

...Banfi, Fla.App. 1960, 123 So.2d 52, which stated: "Once the marriage is dissolved and the proportionate share of each in the estate has been fixed, the parties become tenants in common of such real property formerly held as an estate by the entireties. Section 689.15 Fla....

...These properties were purchased by the joint funds of the parties and title to them was taken in their joint names. They constituted an estate by the entireties and on the dissolution of the marriage the parties became tenants in common as to said lots and the final decree should have so stated. Section 689.15, F.S.A....

...ies or is no necessity for lump sum alimony for support and the home is jointly owned, there is no necessity for application of the remedy of lump sum alimony in order to make a just and equitable distribution of the home. That result is achieved by Section 689.15, Florida Statutes (1979) which provides that "......

...3d DCA 1981); Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977); O'Hara, Ms. Sammons is of course free to seek such relief after remand. Since the Colorado dissolution has rendered the couple tenants in common of the property previously held by the entireties, § 689.15, Fla....

...Additionally, the provision in the dissolution order pertaining to the marital home was self-executing, requiring no further judicial labor of the court. When their marriage was dissolved, the parties became tenants in common of their real property, formerly held as an estate by the entireties, by virtue of Section 689.15 and Florida case law....

...connivance or conducing to adultery by the husband was not made out on the record. We further hold that the record does not support the award to the wife of the husband's interest in the furnished home which they owned as tenants by the entireties. Section 689.15, Fla....

...st therein which was hers as a result of the ownership in an estate by the entireties. Without pleadings and evidence establishing an equity or right to the husband's share or interest in the property, its ownership is controlled by the provision of section 689.15 that the parties own the property in question as tenants in common....

...ties to the extent that she establishes a special equity therein based on her contributions. See Banfi v. Banfi, Fla.App. 1960, 123 So.2d 52, and cases cited therein at page 54. [3] See the partition statute, §§ 66.01-66.09, Fla. Stat., F.S.A. [4] § 689.15, Fla....

...owned of record, and the other property held to be jointly owned. Upon entry of the decree of divorce, the joint ownership of such properties by the husband and wife as tenants by entirety became, in the twinkling of a legal eye, tenancy in common. Section 689.15, Fla....

...Strauss, 148 Fla. 23, 3 So.2d 727, 728; Kollar v. Kollar, 155 Fla. 705, 21 So.2d 356), upon decreeing divorce of the parties the court should not disturb their interests therein as tenants in common, in which they hold such property upon and following divorce. See § 689.15 Fla....

...The order in the instant case is not bottomed upon nor does the motion allege that the relief sought by the appellee is based upon either provision of law. Real estate held as an estate by the entirety becomes an estate in common upon the entry of a decree of divorce between the parties. Section 689.15, Fla....

...e simple. Wilson v. Florida Nat. Bank & Trust Co., 64 So.2d 309, 312 (Fla.1953); Knapp v. Fredericksen, 148 Fla. 311 , 4 So.2d 251, 252 (1941). Dissolution of marriage ends the marital unity and the ex-spouses become tenants in common. Fla.Stat. § 689.15 (1987)....

...Williams, 84 Fla. 157, 92 So. 876, 26 A.L.R. 171 The record reveals that the mortgage with which we are concerned contains such a warranty. It is also clear that an estate by the entirety does not survive divorce, and that *613 by the operation of § 689.15, Fla....

...Since all of the other provisions of the final decree are hinged upon that determination, the final decree is reversed and the cause remanded for the entry of a decree in accordance with the views herein expressed. Reversed and remanded. NOTES [1] Section 689.15 "Estates by survivorship....

...d one-half interest in the property owned by her prior to her death. We answer this question in the negative and affirm the final decree. A joint tenancy with a right of survivorship in real property is recognized by statute in the State of Florida. Section 689.15, F.S....

...on such action as may *94 be deemed proper and necessary for the determination of any rights she may have against the estate of Tillithia Jane Edwards with respect to the fund in question. CARROLL, DONALD K., and SPECTOR, JJ., concur. NOTES [1] F.S. § 689.15, F.S.A....

...etermine the question of the wife's attorney's fees and costs. LUMP SUM ALIMONY It is fundamental that the marital home formerly owned by husband and wife as a tenancy by the entireties, after dissolution of the marriage, became a tenancy in common. Section 689.15, Florida Statutes (1975)....

...and authority and the appellant is entitled to have this portion of the final decree reversed. The homestead property was held in an estate by the entireties and upon the granting of the final decree of divorce the parties became tenants in common. § 689.15, Fla....

...NOTES [1] Bergh v. Bergh, Fla.App. 1961, 127 So.2d 481; Banfi v. Banfi, Fla.App. 1960, 123 So.2d 52; Latta v. Latta, Fla.App. 1960, 121 So.2d 42; Bell v. Bell, Fla. App. 1959, 112 So.2d 63. [2] Weinstein v. Weinstein, Fla.App. 1963, 148 So.2d 737. [3] See § 689.15, Fla....

...plied). We thus start with the fact that in the absence of any claim for special equity on either spouse's part, record title bespeaks an equal division of property. A tenancy by the entireties automatically becomes a tenancy in common upon divorce. § 689.15, Fla....

...The trial court obviously resolved this dispute in the wife's favor. Granting that the wife contributed the sums she claimed, the law presumes such to be a gift and if not rebutted by evidence to the contrary requires that the property be divided equally between the parties as tenants in common under F.S., Section 689.15, F.S.A....

...Property titled solely in the husband's name or in the wife's name remains unaffected by a dissolution of marriage unless awarded to the other spouse as lump sum alimony. See Harder v. Harder, 264 So.2d 476 (Fla.3d DCA 1972). Property held as tenants by the entirety is converted to a tenancy in common upon dissolution. § 689.15, Fla....

...Strauss, 148 Fla. 23, 3 So.2d 727. We have examined the record and conclude that no such showing was made. Therefore, the appellant is vested as a matter of law, upon dissolution of the marriage, with an undivided one-half interest in these properties. See § 689.15, Fla....

...We disagree. The trial court's order merely clarified what is well-settled law. Calvin made the mortgage payments and, as a matter of law, is entitled to credit. When spouses own property as tenants by the entirety, upon divorce they become tenants in common. § 689.15, Fla....

...Upon the dissolution of the marriage, by operation of law, they became tenants in common of this property. Valentine v. Valentine, Fla. 1950, 45 So.2d 885; Lubarr v. Lubarr, Fla.App. 1967, 199 So.2d 123; Schoenrock v. Schoenrock, Fla.App. 1967, 202 So.2d 571; § 689.15, Fla....

...the legal title of which is lodged in the name of one of the partners alone. However, where, as here, the marital partnership has been fair and the marital assets are in joint names (which assets will after dissolution be equally owned by virtue of § 689.15, Fla....

...is wife to Coniglio and his wife. Subsequent to entry of the Court's judgment, Coniglio and his wife dissolved their marriage. Under Florida law, this changed their ownership status from tenants by the entirety to tenants in common. Florida Statutes § 689.15 (1981)....

...Locke, to Coniglio and his wife, Mary Joan Coniglio, as tenants by the entirety. Coniglio and his wife subsequently dissolved their marriage, thereby altering their ownership status from tenants by the entirety to tenants in common. Florida Statutes § 689.15 (1981)....

...children under the circumstances of this case. The residence of the parties was, during the marriage, held as an estate by the entirety. At the time of the dissolution of marriage, the former husband and wife became tenants in common. See Fla. Stat. § 689.15, and Bergh v....

...1950); see Kollar v. Kollar, 155 Fla. 705, 21 So.2d 356 (1945). Under pre- Ball law, the husband must demonstrate that he lacked donative intent or the dissolution judgment converts the estate held by the entireties into tenancies held in common. Kollar; see § 689.15, Fla....

...Boles, supra; Latta v. Latta, Fla.App. 1960, 121 So.2d 42; Banfi v. Banfi, Fla.App. 1960, 123 So.2d 52; Bergh v. Bergh, Fla.App. 1961, 127 So.2d 481], and that upon divorce the title to such property would be vested in the respective parties as tenants in common, per § 689.15, Fla....

...entirety to real property in Dade County, Florida. Their marriage was unsuccessful and they were divorced in 1959 with the result that Charles and the plaintiff, Christine, became tenants in common in the ownership of the real property in question. § 689.15, Fla....

...and or wife the same as if the parties were not married. An estate by the entireties could, pursuant to this section, be created by a spouse holding fee simple title conveying by deed to the other in which the purpose to create the estate is stated. Section 689.15, Fla....

...n 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, supra....

...She was found to be entitled to no special equities and there is no necessity or legal justification for making an unequal and inequitable distribution to her of the husband's interest in the most valuable of the marital assets which the parties, upon dissolution, would otherwise share equally as tenants in common under section 689.15, Florida Statutes....

...Hagerty, Fla., 52 So.2d 432, has held that the opening of a joint bank account with the intention of creating a right of survivorship is a means of creating a right joint estate in personal property. See also Lynch v. Murray, 5 Cir., 139 F.2d 649. The real question here is whether, in view of Section 689.15, F.S.A., the means employed, namely the various instruments referred to in the stipulation and copied here, meet the requirement of the statute that the "instrument" creating the estate expressly provides for a right of survivorship....

...r sheet established a contract whereby the survivor, Doris B. Garcia, is entitled to ownership of the joint account on the death of her mother. It also shows that it was the intention of the parties to create a survivorship in the manner provided by Section 689.15, F.S.A." (Emphasis supplied), is controlling in this case and that the lower court was without error....

...as the surviving tenant. The trial court held otherwise. Except for estates by the entirety, a conveyance to two or more persons creates a tenancy in common unless the instrument creating the estate expressly provides for the right of survivorship. § 689.15, Fla....

...on in property after a lien attaches to the property. Under Florida law, the Debtor and Mr. Duvall were tenants in common at the time they obtained ownership to the Sylvester Shores property, each owning a one-half (½) undivided interest. Fla.Stat. § 689.15 (1987)....

...ch the defendant wife took) was presented by appellant's counsel in the oral argument before this court. The order of "Finding of Facts" (filed in lieu of testimony) does not mention this $8,000.00 matter. At the outset we run head-on with F.S. Sec. 689.15, F.S.A....

...n." In the face of this statute our Appellate Courts have many times considered the "special equities" and "the special circumstances" of the case when considering tenancies by the entireties owned by parties in divorce litigation. Cases cited under § 689.15 F.S.A....

...* * * If the interest of the party is equitable and the interest is properly pleaded and proved, the chancellor may declare the equity involved and determine its extent and nature. " (Emphasis supplied) In this same case upon a remand of the case, the Appellate Court observed: "Section 689.15 Fla....

..., where her personal services contributed materially to the husband's acquisition of property. See also Roberts v. Roberts, Fla.App. 1958, 101 So.2d 884, which infers that these are the only two circumstances in which such an award can be made. [13] Section 689.15, F.S....

...The Court retains jurisdiction of this cause for the purpose of enforcing the terms of this decree." The real property described had been held by the parties as an estate by the entireties and after the decree was held by them as tenants in common under the provisions of § 689.15, Fla....

...Powers, 123 Fla. 359, 166 So. 843, 846 (1936). However, the final judgment of dissolution of marriage severs the tenancy by entirety, and the parties become, by operation of law, tenants in common as to this property upon rendition of the judgment. Fla.Stat.Ann. § 689.15 (West 1998); see Wilkerson v....

...1959, 112 So.2d 63; Latta v. Latta, Fla.App. 1960, 121 So.2d 42; Banfi v. Banfi, Fla.App. 1960, 123 So.2d 52. Once the marriage has been dissolved, the parties become tenants in common of such real property formerly held as an estate by the entireties. Section 689.15, Fla....

...There are no minor children of the parties whereby the exclusive possession could be deemed as the father's obligation to support a minor child or children. The parties became tenants in common upon the entry of the final judgment of dissolution of marriage. Fla. Stat. § 689.15....

...o hold, that the final judgment did not change the statutory legal effect of the judgment of dissolution on the aforesaid entireties property.[1] That is to say, upon the judgment of dissolution the parties owned the same as tenants in common." [1.] § 689.15, F.S....

...Broward County Title Co., 116 So.2d 455, 456 (Fla. 2d DCA 1959). Because of the critical importance of the marriage to the existence of an estate by the entireties, tenants by the entireties become tenants in common as a matter of law upon the dissolution of their marriage. § 689.15, Fla.Stat....

...Wilbur, 299 So.2d 99 (Fla.3d DCA 1974); Faidley v. Faidley, 298 So.2d 425 (Fla.3d DCA 1974). Appellee's cross appeal urges reversal of the trial court decision that each of the parties has a one-half interest in the real properties as tenants in common under Section 689.15, Florida Statutes (1977); appellee maintains that she should have been awarded a special equity in both the marital home and North Carolina residence....

...o overcome the presumption of a gift of an interest in the certificate of deposit and the joint savings account. Therefore, when the marriage was dissolved the husband became entitled to an undivided one-half interest in these properties. Fla. Stat. § 689.15 (1973)....

...nuance. Strauss v. Strauss, 148 Fla. 23, 3 So.2d 727. The statutes of this State specifically provide that "* * * except in cases of estates by entirety, a devise, transfer or conveyance * * * to two or more shall create a tenancy in common, * * *." § 689.15, Fla....

...rt of the estate. See, e. g., Montgomery v. Gipson, 69 So.2d 305 (Fla.1954). Upon the death of one spouse, the estate by the entireties is vested by operation of law in the surviving spouse. Upon divorce, the tenants become tenants in common. F.S.A. § 689.15....

...This court is unable to find error in the award of child support by the trial court. Thus, this cause must be affirmed in part and reversed in part for further proceedings not inconsistent herewith. Affirmed in part and reversed in part. NOTES [1] § 689.15 Fla....

...1967, 202 So.2d 571. The record in the case sub judice reflects that the appellant and his wife purchased the stock of the Tangiers Enterprises, Inc. jointly and, therefore, under these circumstances she is entitled to 50% of the Tangiers' stock. See F.S. § 689.15 F.S.A....

...A marriage dissolution action between a wife, appellant Susan W. Sharpe, and a husband, Gene E. Sharpe, was bifurcated with the marriage being dissolved on August 19, 1985, and the other issues being left for later determination. By operation of law under section 689.15, Florida Statutes, upon dissolution of their marriage, the ex-husband and ex-wife became tenants in common of a lot in Dawn Estates, formerly jointly owned....

...e, tax and insurance payments on the ex-marital home as an incident of such exclusive possession. [2] Accordingly, the order dismissing the husband's partition action is REVERSED AND REMANDED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. NOTES [1] § 689.15, Fla....

...case, charged her interest with a child support obligation. Because of this we believe that the award to the husband of such use constitutes error and should be eliminated from the decree leaving the parties simply as tenants in common under F.S.A. § 689.15....

...See Strauss v. Strauss, 148 Fla. 23, 3 So.2d 727 (1941); Lindquist v. Lindquist, 351 So.2d 391 (Fla.2d DCA, filed November 4, 1977). Upon dissolution of marriage, the former spouses automatically become tenants in common as to this personalty by operation of Section 689.15, Florida Statutes (1975)....

...ween realty and personalty in this regard. There is a dearth of appellate decisions discussing partition in kind of household personalty, and we consider the above-cited cases involving realty to be both instructive and persuasive. We note also that § 689.15, Fla....

...operty is presumed to be a gift, and if not rebutted by evidence to the contrary, requires upon divorce that the jointly held property be equally divided between the parties as tenants in common. Davis v. Davis, Fla.App., 1973, 282 So.2d 655; F.S.A. § 689.15....

...the time of the divorce it was owned by husband and wife jointly as an estate by the entireties. Upon dissolution of the marriage the parties by operation of law would become tenants in common, unless some other disposition was made of the property. Section 689.15, Florida Statutes (1975)....

..."in such form that the moneys in the account [were] payable to either or the survivor or survivors", despite the fact that there is an absence of evidence that the account expressly provided for right of survivorship *988 as required generally under Section 689.15, F.S....

...ts in common, to the wife until any sale or other disposition of the home by the parties in that this award precludes the possibility of partition. The parties became tenants in common upon the entry of the final judgment of dissolution of marriage. § 689.15, Fla....

...and wind up the interests of the parties in the property acquired through common effort. To advance this principle the law provides that holders of estates by the entireties, peculiar to married persons, shall become tenants in common upon divorce. Section 689.15, Florida Statutes, F.S.A....

...the account was opened, and thus would be a retrospective application of the statute, and that it would not apply to the Eustis account because there was no evidence that the Eustis account expressly provided for right of survivorship as required by Section 689.15, F.S....

...sons "in such form that the moneys in the account [were] payable to either or the survivor or survivors", despite the fact that there is an absence of evidence that the account expressly provided for right of survivorship as required generally under Section 689.15, F.S....

...jointly owned marital domicile within thirty days or if such was not done the marital domicile was to be sold at a partition sale. The trial judge correctly determined that the parties would hold the jointly owned property as tenants in common. F.S. § 689.15....

...y account. We reverse and remand this case to the trial court for further proceedings. Our disposition of this issue makes it unnecessary to consider the other issues raised by the guardian and the attorney ad litem. Reversed and remanded. NOTES [1] Section 689.15, Florida Statutes (1989) requires that an instrument creating a joint tenancy must expressly provide for the right of survivorship....

...nd a person other than his or her spouse. There is no dispute that the marital home of the defendant and Steve Olympic was in fact owned by him and the plaintiff as joint tenants with right of survivorship, an estate which can be created in Florida. § 689.15, Fla....

...Goodstein, 212 So.2d 321 (Fla.3d DCA 1968); Preston v. Preston, 216 So.2d 31 (Fla.3d DCA 1968); cert. denied, 222 So.2d 753 (Fla. 1969). Rather, the effect of holding title to real property as tenants by the entireties during coverture is that upon dissolution, Section 689.15, Florida Statutes (1977) comes into play....

...to partition personal property at final hearing, and reservation of jurisdiction to do so at a later time cannot be found to be permissible. McGregor v. McGregor, 371 So.2d 567 (Fla. 4th DCA 1979); Harder v. Harder, 264 So.2d 476 (Fla.3d DCA 1972); Section 689.15; Rankin v....

...As to appellee's cross-appeal challenging the court's order that defendant refund to plaintiff the sum of $4,000 representing an accident claim settlement paid to William, we also affirm that order. Affirmed in part, reversed in part and remanded for further consistent proceeding. NOTES [1] Section 689.15, Florida Statutes (1981) provides in pertinent part: [E]xcept in cases of estates by entirety, a ......

...common law unities (interest, possession, title and time) are present, "an estate by the entireties is created even if the marital relationship is not mentioned in the deed " when the conveyance is to husband and wife. It would be error to interpret § 689.15, Florida Statutes, as abolishing or modifying the common law tradition which recognizes the creation of a tenancy by the entirety by the conveyance of property to a husband and wife....

...m of Riter, Pyne, Kendall & Hollister. The trial judge, without comment, declared the stock to belong to the Estate of Westley Silvian, to which we disagree. Florida specifically recognizes ownership of personalty by the entireties as reflected from § 689.15, Florida Statutes....

...an expressed intention to the contrary." In having the stocks issued in their names as joint tenants with the right of survivorship, the parties clearly created an estate with survivorship characteristics in accordance *635 with the requirements of § 689.15, Florida Statutes....

...rits, including the trial court's jurisdiction to order partition, to the panel that considers this case on the merits. It has long been the law in Florida that tenants by the entirety, "upon dissolution of marriage, shall become tenants in common." § 689.15, Fla....

...arried, moved out of the house or the house was sold by mutual agreement. During the marriage the title to the house had been held as an estate by the entireties and, upon dissolution of the marriage the parties became tenants in common by virtue of section 689.15, Florida Statutes....

...1975, 310 So.2d 378, as reliance for affirmance of this case. In Hyman, supra, the court held that a trial court may enter an order which it terms interlocutory granting the dissolution of marriage and then reserving jurisdiction to determine property rights between husband and wife irrespective of § 689.15, Fla....

...Stat., which expressly provides that estates held by the entireties, upon dissolution of marriage, become tenancies in common. The rationale that § 61.052(2)(b)3, Fla. Stat., [1] is authority for an interlocutory judgment of dissolution which postpones the effect of § 689.15, Fla....

...of 1927, which provided as follows: "The doctrine of the right of survivorship in cases of real and personal property held by joint tenants shall not prevail in this state." The Legislature of 1941 amended the statute, effective July 1, 1941, F.S.A. § 689.15, as follows: "That is to say, except in cases of estates by entirety, devise, transfer or conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly pro...

...Chaney sought reimbursement for his payments, the home had not been sold. By operation of law, upon divorce, the parties to property held as an estate by the entireties become tenants in common. Wilson v. Wilson, 279 So.2d 893 (Fla. 4th DCA 1973), cert. denied, 285 So.2d 19 (Fla. 1973); § 689.15, Fla....

...Griffin, 375 So.2d 1086 (Fla. 1st DCA 1979); Evers v. Evers, 374 So.2d 1117 (Fla. 2d DCA 1979); Lawless v. Lawless, 362 So.2d 302 (Fla.2d DCA 1978); Bickerstaff v. Bickerstaff, 358 So.2d 590 (Fla. 1st DCA), cert. denied, 365 So.2d 709 (Fla. 1978). [19] § 689.15, Fla....

...chancellor in the awarding of attorney's fees." Point two (2) was raised below by the Appellant in her answer which merely alleged that the parties jointly owned certain tangible and intangible personal property which required division by the court. Section 689.15 of the Florida Statutes, F.S.A., provides that in cases of estates by the entirety, the tenants, upon divorce, shall become tenants in common....

...Prior to the formal dissolution of marriage, the husband and wife both have rights and responsibilities with respect to marital property. Where property is held in "estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common." § 689.15, Fla....

...Affirmed in part and reversed in part and remanded. PEARSON, Acting Chief Judge, CARROLL, CHAS., J., and LOPEZ, AQUILINO, Jr., Associate Judge, concur. NOTES [1] Astor v. Astor, Fla. 1956, 89 So.2d 645; Lewis v. Lewis, Fla.App. 1958, 104 So.2d 597. [2] § 689.15 Fla....

..."maintained" as a survivorship account. 403 So.2d at 988. We find the statute clear on its face. The presumption of survivorship must be expressly negated, not expressly invoked. The Harrison decision has inverted the statutory purpose. We recognize section 689.15 states that the right of survivorship must be expressly provided for in the instrument which creates the estate in order for right of survivorship to prevail in Florida. This section should not, however, be read together with section 658.56 or the result is simply a waste of legislative effort. Section 689.15 should apply to estates of personal property or real estate, except where a more specific statute controls....

...79 (1925), for the proposition that without unity of possession, there can be no tenancy in common. Tresher was decided in another context and is not controlling. The marital home in the instant case was formerly owned by the parties as tenants by the entirety. Under the provisions of section 689.15, Florida Statutes (1981), when their marriage was dissolved, the parties became tenants in common....

...limony" and that he would receive no credit for any such payments upon the sale of the home must also be reversed. When the parties dissolved their marriage, they each received an undivided one-half interest in the marital home as tenants in common. Section 689.15, Florida Statutes (1983)....

...ight of the evidence. In this case the submitted proofs and facts fall way short of the necessary burden required to establish a special equity by either party. By eliminating the special equities, the parties become, by operation of law, Fla. Stat. § 689.15(1973), tenants in common of the marital home (the husband, however, being chargeable for one-half of the $20,000 loan) and the mortgage receivable on the apartment property (each to receive one half of the mortgage payments made from the date of the final judgment)....

...I think that an estate of joint tenancy with right of survivorship was created by the deed to the real property because it contained the words "with full rights of survivorship," which I construe to be such an express provision for this kind of an estate as to comply with Section 689.15, F.S.A., and that the description of the estate as one by the entirety may, in the absence of the relationship of husband and wife, subsequently adjudicated to have been the case, be considered surplusage....

...Applying the rule to the instant case and noting the complete lack of any reservation of jurisdiction in the judgment of dissolution, we conclude that res judicata constitutes a complete defense to the claim of appellee embodied in the complaint on which the judgment on appeal is based. The judgment of dissolution caused Section 689.15, Florida Statutes (1979) to operate, thereby transforming the tenancy by the entirety into a tenancy in common....

...special claims on jointly held property, the court has no choice but either to partition the property upon application of either party, or to do nothing, which upon dissolution, results in a tenancy in common. Ch. 64, Fla. Stat. (1981) (partition); § 689.15, Fla....

...ned equal interest in a home owned by the entireties, he could not require the husband to pay the wife half of the amount at which the home was valued and order the wife to convey to the husband all her interest in the home, since under the statute (section 689.15) the spouses became tenants in common upon dissolution of the marriage....

...1935) (emphasis in original). In this case, RES-GA submitted the Kennedys’ Alabama divorce judgment for the trial court’s review in the supplementary execution proceeding in support of 4 its argument that the Kennedys owned the condo as tenants in common. See § 689.15, Fla....

...The Second District, reviewing the law in the area, discussed Hillman and Lowery, and found merit in both, but determined that the two cases could not be harmonized. The court ultimately determined to follow the decision in Lowery, and stated: However, this statute [section 689.15] has never been construed to prohibit a court in a dissolution proceeding from awarding full title to entireties property to one of the spouses....

...age and is therefore affirmed. We also certify that this result is in express and direct conflict with Hillman v. McCutchen, 166 So.2d 611 (Fla. 3d DCA), cert. denied, 171 So.2d 391 (Fla. 1964). AFFIRMED. DAUKSCH and ORFINGER, JJ., concur. NOTES [1] Section 689.15, Florida Statutes (1985), provides that a tenancy by the entirety becomes a tenancy in common upon dissolution....

...despite the assertions in their respective pleadings below that it holds a one-quarter interest. The parties are correct, because the interest in the property held by the father and Appellee converted into a tenancy in common when they divorced. See § 689.15, Fla....

...as well as all household furniture and furnishings therein, excepting only certain electrical appliances. In view of all circumstances of the case, we are convinced the Master's recommendation was sound, especially since it was predicated upon F.S. § 689.15, F.S.A., which provides inter alia that "in cases of estates by entirety (as here, when the judgment was entered), the tenants, upon divorce, shall become tenants in common"....

...ance this by including a provision favoring the other party, in order to achieve an over-all equitable solution in the light of the circumstances shown by the evidence." We are persuaded from a meticulous consideration of the entire record that F.S. § 689.15 F.S.A., should provide the basic guidelines for division and disposition, as between the parties, of the marital homeplace and furniture and furnishings therein (excepting the few described electrical appliances), as recommended by the Special Master....

...Ronald Simon, individually and as personal representative of the Estate of Joseph O. Simon (Mr. Simon), challenges the order dismissing with prejudice the petition to determine the homestead status of real property. Mr. Simon asserts that the probate court misapplied section 689.15, Florida Statutes (2012), in concluding that the property passed to Joanne and Kent Koplin upon Joseph O. Simon’s death by virtue of a right of survivorship expressly provided for in the deed because the necessary unities were absent. 1 Because the language in the deed expressly provides for a right of survivorship, the exception articulated in section 689.15 controls, and we affirm....

...wife, a married woman, as to an undivided one-third (1/3) interest, as joint tenants with full rights of survivorship, whose post office address is 2419 Riverwoods-Drive, Riv-erwoods, IL 60015, grantee, (Second emphasis added.) (Asterisks omitted.) Section 689.15, Estates by sur-vivorship, provides: The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; that is to say, except in cases of estates by entirety,...

...tenancy in common, unless the instrument creating the estate shall expressly provide for the right of surviv-orship; and in cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common. (Emphasis added.) “Section 689.15, Fla....

...language providing for a right of survivorship was addressed and dismissed in Crabtree and in Winchester. See Crabtree, 43 So.2d at 467 (holding that “the real point at issue is whether or not [the appellee] brings herself within the exception to Section 689.15, F.S.A.,” and because the right of survivorship was expressly provided for by the instrument it is irrelevant that one of the unities was lacking); Winchester, 265 F.2d at 407-08 (relying on Little River Bank in holding that any cons...

...BAKER, be, and she is hereby awarded the marital domicile of the parties located at 1234 Biltmore Drive, Ormond Beach, Florida, and the husband, FRANKLIN BAKER, JR., is hereby ordered and directed to execute any instruments necessary to transfer title on said property to the wife." Florida Statute 689.15 (1973) provides that upon entry of a final judgment of dissolution: "......

...S.D.Fla.2000) (emphasis original). Upon dissolution of a marriage any property held by the spouses as a tenancy *645 by the entireties automatically converts into a tenancy in common, which may be attached by a creditor holding a claim against either spouse. See FLA.STAT. § 689.15 (2001)....

...The Wife argues that this provision is erroneous as a matter of law. We agree. The trial court erred in requiring the Wife to bear all of the expenses of the condominium pending its sale. Upon the entry of the final judgment of dissolution of marriage, the parties became tenants in common of the condominium. See § 689.15, Fla....

...The point raised in this appeal is whether or not the trial court had the jurisdiction and authority to enter an order divesting the appellant of his one-half interest in the marital home. We hold it did not. Where a final judgment contains no finding of special equity in property, title is controlled by Section 689.15, Florida Statutes (1977); Cribb v....

...Therefore, it was error to order the husband to convey to the wife the property held by the entireties. See Owen v. Owen, Fla. 1973, 284 So.2d 384. In spite of the oral agreement to sell it to the husband, we hold that the properties owned by the entireties, now be held as tenants in common. § 689.15, Fla....

...orneys fees and denying the petition for rehearing are affirmed in part and reversed in part and remanded to the trial court with instructions to place title of the former marital domicile in both parties' names, as tenants in common, as provided by § 689.15, Fla....

...James first contends that the chancellor erred in awarding his former wife, Bernice, the exclusive possession of the marital residence and denying his prayer for partition and sale of the subject property. We find the point well taken. The parties became tenants in common upon the entry of the final judgment. See Section 689.15, Florida Statutes (1975)....

...conveyance heretofore or hereafter made to two or more shall create a tenancy in common, unless the instrument creating the estate shall expressly provide for the right of survivorship * * *." Section 3, Chapter 20954, Laws of Florida, Acts of 1941, Section 689.15, Florida Statutes 1941, F.S.A....

...Before the dissolution of her marriage, the debtor's interest in the property was that of a tenant by the entireties. When the debtor and her former husband dissolved their marriage in 1984, her interest was converted to that of a tenant in common. § 689.15, Fla.Stat....

survivorship and not as tenants in common.” Section 689.15, Florida Statutes (1981), which has not been

...3d DCA 1986), the Third District succinctly outlined the property rights and obligations of the parties following entry of a judgment of dissolution: When spouses own property as tenants by the entirety, upon divorce they become tenants in common. § 689.15, Fla....

...s by the entireties in the absence of an appropriate request and compliance with the requirements of Chapter 64, Florida Statutes (1983). Sanders v. Sanders, 351 So.2d 1126 (Fla. 2d DCA 1977). See Muhlrad v. Muhlrad, 375 So.2d 24 (Fla. 3d DCA 1979); § 689.15, Fla.Stat....

...and most of the cases involving a claim by the survivor to a joint bank account heretofore decided by this court were principally concerned with the question of whether the banking memoranda establishing the joint account sufficiently complied with Section 689.15, Fla.Stat.1955, F.S.A., which abolished the right of sur-vivorship in joint tenancies except where ‘the instrument creating the estate shall expressly provide for the right of survivorship * * See Crawford v....

...held by them as tenants by the entire-ties. Even if such a change in their grove interest had not been directed expressly in the final judgment, the property nevertheless converted to a tenancy in common as a matter of law upon the dissolution. See § 689.15, Fla.Stat....

in the marital property were determined by section 689.15, Florida Statutes (2004), which provided that

...The Court construes the word "or" as used in the August 18, 1992 quit claim deed from James R. McDow to James R. McDow, Jr. or Kevin B. McDow as the word "and". Under this construction, the word "or" as used in the deed under consideration must be construed as having a conjunctive, and not a disjunctive, meaning. Cf. § 689.15, Fla....

...irety, unless a contrary interest is shown. Knapp v. Fredricksen, 148 Fla. 311, 4 So.2d 251, 252 (1941). Upon the dissolution of defendants Evans and Adams' marriage, they became tenants in common, each with an undivided one-half interest. Fla.Stat. § 689.15 (1977)....

...We do not believe that the prayer contained in her answer that she be granted "... such other relief as this Court shall deem proper in the circumstances" is sufficient to permit the court to direct the husband to convey his interest in the home to her or conforms to the due process requirement of the partition statute. Section 689.15, Florida Statutes, F.S.A....

...on a rehearing. There were no pleadings or proof . upon which to predicate a decree depriving the wife of her interest in the residence premises or of her stock in the corporation. The residence was owned by the parties in an estate by the entirety. Section 689.15, Fla.Stat., F.S.A....

...f the minor children to the husband, and in failing to divide the joint property. The parties own certain property as tenants by the entireties and, upon the granting of the divorce, the parties became tenants in common pursuant to the provisions of § 689.15, Fla.Stat....

...Yandell, Fla.1949, 39 So.2d 554 (dicta); and 27A C.J.S. Divorce § 235, p. 1078. And by operation of law, upon entry of the final decree in the divorce suit, John and Esther became owners of the purchase money note and mortgage as tenants in common. § 689.15, Florida Statutes, F.S.A.; Powell v....

...and Lorraine, the trial court should have attached a judgment lien to James’ 50% remainder interest in the 4365 S.W. 52nd Street property. Because the remainder interest in the property is held by James and Lorraine as tenants by the entirety, see § 689.15 (1995); In re Silvian’s Estate, 347 So.2d 632, 633-34 (Fla....

...,-172. In denying the wife’s claims, the court found the Property Settlement Agreement to be dispositive, holding that its decision was “based on specific provisions for a 50/50 split of proceeds within the agreement.” We disagree. Pursuant to section 689.15, Florida Statutes (1985), upon dissolution of marriage, the tenants of an estate by the entirety become tenants in common....

marital dwelling should be determined by F.S. Section 689.15, F.S.A., which creates a tenancy in common

...We have carefully reviewed and considered the remaining points on appeal but find them to be without substantial merit. With the single exception above stated, the remaining provisions of the decree are affirmed. STURGIS, C. J., and WIGGINTON, and RAWLS, JJ., concur. . F.S. Section 689.15, F.S.A....

...expressed in his written memorandum and in the final decree appealed. The decree is accordingly affirmed. STURGIS, C. J., and RAWLS, J., concur. . Spark v. Canny, (Fla.1956) 88 So.2d 307 . . Josephson v. Kuhner, (Fla.App.1962) 139 So.2d 440 . . F.S. § 689.15, F.S A.

...3 This suit was filed prior to the date of the Ball opinion. Therefore, since the record is totally devoid of any evidence to rebut the presumption of a gift, the judgment must be reversed insofar as it deprives the wife of her one-half interest in the mobile home. See Section 689.15, Florida Statutes (1975)....

real property or the proceeds of its sale. Section 689.15, Florida Statutes (1979); Meridith v. Meridith

...property. (Doc. #5-13 at 3). , . The Court rejects Christine’s argument that she has a secured claim against the entire property because she holds a 100% tenancy by the entireties interest in the property. (Doc. #11 at 2-3). Under Florida Statute section 689.15, when couples that hold property by the entirety get divorced, the parties become tenants in common.

Loan Ass’n v. Sullivan, supra. See also F.S. section 689.-15, F.S.A. In this connection the record reflects

...rior mandate of this court, the expressed intentions of the parties and the principles of law and equity applicable to the facts. See, Rennolds v. Rennolds, 312 So.2d 538 (Fla. 2d DCA 1975), (rescission based on fraud, accident or mistake only), and Section 689.15, Florida Statutes (1941)....

appellant calls, particular, attention to section .689.15, F.S., F.S.A., which provides that an individual

previously reserved by the trial court, and (c) Section 689.15, Florida Statutes (1979), became applicable

...Had it been, its entry would have been erroneous and subject to reversal. For the foregoing reasons the decree of partition is reversed and the cause remanded for further proceedings consistent with the views expressed herein. Reversed. RAWLS, C. J., and CARROLL, DONALD K., J., concur. . F.S. § 689.15, F.S.A....

...Fuller, Fla., 38 So.2d 51 support the view that a court of equity may decree all property owned by the entireties to the wife'or the husband, divide it equally between them and thus give full relief and close the matter in litigation. Appellant derives comfort from Section 689.15, Florida Statutes 1951, F.S.A., abolishing the right of survivorship in real estate held by joint tenants but we do not think said statute has any application to this case....

...e-half of the cost of maintaining the home of the parties, possession of which was awarded to the wife, title to which is as tenants in common. Tolin v. Tolin, 401 So.2d 1167 (Fla. 4th DCA 1981); Leonard v. Leonard, 389 So.2d 256 (Fla. 3d DCA 1980); Section 689.15 Florida Statutes (1981)....

...will be vested with such an interest. Dixon v. Davis, Fla.App.1963, 155 So.2d 189 ; Cribb v. Cribb, Fla.App.1972, 261 So.2d 566 ; Annot., 161 A.L.R. 457 (1946). The wording of the decree sub judice was sufficient to convey title to the wife and F.S. § 689.15, F.S.A., is controlling....

by the entirety shall vest as provided by law. § 689.15, Fla.Stat. (1985). AFFIRMED in part, REVERSED

...n alleged special equity therein. Thus, the court had jurisdiction over the parties and the subject matter. The final judgment contained no finding of a special equity in the real property, and hence title to the same was controlled by statute, F.S. Section 689.15, F.S.A....

become tenants in common of the sailboat. See § 689.15, Fla.Stat. (1983). Otherwise, the final judgment

part, and remanded for further proceedings. . § 689.15, Fla. Stat. (1996). . At some point, allegedly

...4th DCA 1981) stated: The marital domicile was titled in joint names. Neither party was deemed to have acquired a special equity in that property. Under familiar principles the parties became tenants in common with equal interests in the real property or the proceeds of its sale. Section 689.15, Florida Statutes (1979); Meridith v....

provided for right of survivorship as required by Section 689.15, F.S. We feel that neither contention would

...cipal among which are Finston v. Finston, 160 Fla. 935 , 37 So.2d 423 (1948) and Sistrunk v. Sistrunk, 235 So.2d 53 (Fla.App. 4th, 1970). The point which petitioner suggests creates conflict in the jurisprudence of this state is whether, in light of Section 689.15, Florida Statutes (1975), the trial judge in a marriage dissolution proceeding has the power to reserve jurisdiction for the purpose of settling property rights after the decree of dissolution is entered....

...The court’s decision that the trial court could properly dissolve the marriage and reserve jurisdiction to settle property rights which had never been adjudicated, including an award of special equity in property as to which title had been converted by the operation of Section 689.15, does not conflict with any other Florida appellate decision....

Cummings v. Cummings, 330 So.2d 134 (Fla.1976); Section 689.15, Florida Statutes (1975). The order appointing

...Wischman v. Wischman, Fla.App.1975, 310 So.2d 428 ; Kamensky v. Kamensky, Fla.App. 1973, 282 So.2d 670 ; Rankin v. Rankin, Fla.App. 1972, 258 So.2d 489 . Once a marriage is dissolved, the parties hold the property as tenants in common, Florida Statutes, Section 689.15 (1973)....

...“A decree of absolute divorce destroys an estate by the entireties and converts the husband and wife into joint tenants, in which relation they are equally interested. Strauss v. Strauss, 148 Fla. 23 , 3 So.2d 727. This is in accord with F.S. [§] 689.15, F....

reversal, the parties are rendered tenants-in-common. § 689.15, Fla. Stat. (1979). Finally, we consider the trial

the Key West property) is controlled by statute, § 689.15, Fla.Stat. (1981), and the wife is by virtue of

...titled in their joint names." Id. at 52. But a married couple may also hold properties as joint tenants or as tenants in common. Id. at 53. By operation of Florida statute, a tenancy by the entireties becomes a tenancy in common upon the divorce of the owners. § 689.15, Fla....

...orida Statutes. The Second District Court of Appeal found Hillman and Lowery to be irreconcilable, and favored the rationale of the latter case. Liberman relied upon Quick v. Leatherman, 96 So.2d 136 (Fla.1957), as authority for the proposition that section 689.15, Florida Statutes (1975), had never been construed to prohibit a court in a dissolution proceeding from awarding full title in property held as a tenancy by the entirety to one of the spouses....

...Banner Supply Co., 230 So.2d 714 (Fla.3d DCA 1970); Unkefer v. Merritt, 207 So.2d 726 (Fla.4th DCA 1968). Accordingly, the judgment of the trial court is AFFIRMED. FRANK D. UPCHURCH, Jr., J., concurs. DAUKSCH, C. J., concurs specially with opinion. . See § 689.15, Fla.Stat....

...upon the entry of the final judgment of dissolution by operation of law, the parties become tenants in common, Abella-Fernandez v. Abella, 393 So.2d 40 (Fla. 3d DCA 1981); Greene v. Greene, 199 So.2d 147 (Fla. 1st DCA 1967); Wild v. Wild, 157 So.2d 532 (Fla. 1st DCA 1963); Section 689.15 Florida Statutes (1979) with each entitled, upon the sale, to one-half of the proceeds, or approximately $85,000.00....

...th 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.” * * * * * * No error has been demonstrated on this record....

...Lyons, Fla.App.1968, 208 So.2d 137, 139 , the court set forth the law regarding mortgage payments made by a former wife when the residence is held as an estate in common with the former husband: The residence property was owned by the parties as tenants by the entirety. Upon divorce they owned it as tenants in common, under § 689.15, Fla.Stat., F....

...conflict with Kuebler v. Kuebler, 131 So.2d 211 (Fla.App.2d, 1961) and Andrews v. Andrews, 155 Fla. 654 , 21 So.2d 205 (1945). In particular, petitioner directs our attention to the following language in the opinion below r “It is to be noted that Section 689.15, supra, only abolished the common law doctrine of the right of survivorship among joint tenants. Such doctrine required, among other matters, that for such an estate [a joint tenancy] to come into being, there must be in the grantees unity of interest, title, time and possession. The Legislature of Florida., by enactment of Section 689.15, supra, bmshed away all such restraints.” (Emphasis added.) In our view, disposition of the petition is controlled by our recent decision in First National Bank of Leesburg v....

...d. Another house, which the husband had inherited from his parents, was apparently sold to a bona fide purchaser for value and cannot be reached in this proceeding. The only remaining property is a five acre orange grove in Princeton, Florida. Under Section 689.15, Florida Statutes, F.S.A., this property is now owned by the parties as tenants in common....

592; Banfi v. Banfi, Fla.App.1960, 123 So.2d 52; § 689.15, Fla.Stat., F.S.A. Affirmed in part and reversed

...For the reasons hereinabove stated, the judgment appealed is reversed and held for naught, and the cause remanded for further proceedings and the rendition of an appropriate judgment in accordance with the views expressed herein. JOHNSON and SPECTOR, JJ., concur. . F.S. § 689.15, F.S.A....

...da. In 1963, Elizabeth Ayers Bearden and her husband, Maurice Howard Bearden, conveyed the subject realty to Elizabeth Ayers Bearden and Shirley Jean Bearden. Following the realty description, the deed contains this provision: “Note” Pursuant to Section 689.15 Florida Statutes [F.S.A.], provision is hereby and in this instrument expressly made for the right of survivorship between the grantees....

...ship because of absence of unity of interest, time, title, and possession in the grantees. The merging of those factors, says the Defendant, is essential to the creation of such an estate. *887 The trial court held that pursuant to the provisions of Section 689.15, Florida Statutes, F.S.A., Shirley Jean Bearden, now Shirley Jean Kalergis, acquired fee simple title to the property upon the death of her mother, Elizabeth Ayers Bearden La Pierre, as the survivor of the joint tenancy that was created by the deed from Elizabeth Ayers Bearden and Maurice Howard Bearden, her husband, to Elizabeth Ayers Bearden and Shirley Jean Bearden. The Court thereupon quieted Plaintiffs’ title as against any claim of La Pierre. It is to be noted that Section 689.15, supra, only abolished the common law doctrine of the right of survivorship among joint tenants. Such doctrine required, among other matters, that for such an estate to come into being, there must be in the grantees unity of interest, title, time and possession. The Legislature of Florida, by enactment of Section 689.15, supra, brushed away all such restraints....

...We also reject the wife’s contention that she should have been awarded the husband’s interest in the home as lump sum alimony but agree that the trial court should not have provided for a right of survivorship. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980), Gorman v. Gorman, 400 So.2d 75 (Fla. 5th DCA 1981); § 689.15, Fla.Stat....

...Conner, 439 So.2d 887 (Fla.1983). We strike the reference to lump sum alimony and the right of survivorship from paragraph four of the amended final judg *533 ment. As modified, the judgment is affirmed. . , AFFIRMED as modified. COBB, C.J., and SHARP, J., concur. . Section 689.15, Florida Statutes (1983) provides that the tenants, upon dissolution of marriage, shall become tenants in common....

...The appellees contested the partition suit on the principal ground that the order of the circuit court dated February 19, 1962, effectively divested the appellant of her interest in said property and authorized the ex-husband to sell the same. Laches are also set up as a defense. To us it appears from Florida Statute 689.15, F.S.A., that as to real estate, in cases of estates by the entirety, the tenants, upon divorce, become tenants in common....

...ispose of property belonging to the parties as a; mere incident to divorce * * (citing authorities) * * *. Once the marriage has been dissolved, the parties become tenants in common of such real property formerly held as an estate by the entireties. Section 689.15, Fla.Stat., F.S.A....

Hicks, 146 So.2d 391 (Fla. 1st DCA 1962); see also § 689.15, Fla. Stat. (1997), indicating that the doctrine

...appellee. A decree of absolute divorce destroys an estate by the entireties and converts the husband and wife into joint tenants, in which relation they are equally interested. Strauss v. Strauss, 148 Fla. 23 , 3 So.2d 727 . This is in accord with F.S. 689.15, F.S.A....

final judgment, they became tenants in common, § 689.15, Fla.Stat., F.S.A.]; awarded her $25.00 a week

...furnishings and effects therein * * *” except for certain enumerated household furnishings and effects. The parties’ residence property and its furnishings were owned by them in an estate by the entire-ties during their marriage and, pursuant to Section 689.15, Florida Statutes, F.S.A., the said properties were owned by them as tenants in common upon the entry of the final decree....

...t against the husband only for one half of the reduction of principal of the mortgage which her payments accomplished. The residence property was owned by the parties as tenants by the entirety. Upon divorce they owned it as tenants in common, under § 689.15 Fla.Stat., F.S.A....

...l claims by the [former] Wife,” and it therefore remained jointly owned until sold. Under Florida law, upon dissolution, property held as a tenancy by the entireties reverts to a tenancy in common, absent an agreement to the contrary. § 689.15, Fla. Stat. (2024) (“[I]n cases of estates by entirety, the tenants, upon dissolution of marriage, shall become tenants in common.”); Simon v. Koplin, 159 So. 3d 281, 282 (Fla. 2d DCA 2015) (“Section 689.15, Fla....

the home was controlled by statute, to-wit: Section 689.-15, F.S.A. That statute, in pertinent part, says:

...to Plaintiff, on or before six months from date hereof.” ‡ $K ‡ ⅛ ‡ ‡ This appeal has been prosecuted by the wife, contending that the trial court erred in his disposition of her one-half interest of this property. We agree and reverse. § 689.15, Fla.Stat., F.S.A., provides that upon divorce parties that have an interest as tenants by the entirety in real property shall become tenants in common....

respective parties were controlled by statute, Section 689.15, F.S.1971, F.S.A. The judgment contained no

Fla.App.1972, 267 So.2d 665; see also F.S. Section 689.15, F.S.A. In all other respects the judgment