Main deed and add on recorded differently?

[thedukeofmontague]

Short version : Today I inquired why my main deed was filed as joint tenants etc., but the small add on was missing that language. DVC basically couldn't give a straight answer, so I called the deed filing company who stated it's DVCs issue since they draw up the contracts. So now I don't need probate on the main but I do on the smaller?? Doesn't seem to make sense since the contracts where bought months apart. Any ideas or should I just let it ride?

 

[miTnosnhoJ]

If your home resort is in Florida, then the default would be no annotation of joint tenants. Under FL law, there are special provisions for husband and wife, which are like joint tenants, but better. If your deed says something like Mr. and Mrs. Duke of M, husband and Wife, then you have this status, which I think is known as Tenants by Entirety.
If you are not husband and wife (or spouses), or if you have additional people on the deed (like children), then you might want to consider Joint Tenants with right of survivorship.
If they made you joint tenants by mistake, it is probably no big deal.

I am not a lawyer, so if this worries you, contact a lawyer who practices in FL.

 

[Dean]

Short version : Today I inquired why my main deed was filed as joint tenants etc., but the small add on was missing that language. DVC basically couldn't give a straight answer, so I called the deed filing company who stated it's DVCs issue since they draw up the contracts. So now I don't need probate on the main but I do on the smaller?? Doesn't seem to make sense since the contracts where bought months apart. Any ideas or should I just let it ride?

I assume this is a retail purchase for both portions or retail for the portion that's in question, if so, just have DVC file a new deed. If it's a resale for all, then the same answer for the closing company. I wouldn't pay an additional filing fee to get it changed though.

 

[disneynutz]

Short version : Today I inquired why my main deed was filed as joint tenants etc., but the small add on was missing that language. DVC basically couldn't give a straight answer, so I called the deed filing company who stated it's DVCs issue since they draw up the contracts. So now I don't need probate on the main but I do on the smaller?? Doesn't seem to make sense since the contracts where bought months apart. Any ideas or should I just let it ride?

If the small add-on was direct and is incorrect, just call quality assurance, the number is on your paperwork.

Bill

 

[drusba]

Are the owners husband and wife, and are you talking about a purchase of a resort in Disney World in Florida? If so, the deed should say after the names of the buyers "Husband and Wife" (or Wife and Husband). It should not say joint tenants with right of survivorship. The "Husband and Wife" designation is one for tenancy by the entirety, the highest form of joint tenancy with right of survivorship. It is the same as joint tenancy with right of survivorship except it adds the extra protection that creditors cannot touch the property to recover the unpaid debts of one of the joint tenants.