Document / News Article

The Disproportionate Impact of Heirs Property in Florida's Low-Income Communities of Color

Posted 2018 Reviewed June 29, 2021
Source
The Florida Bar
Author
Joan Flocks; Sean P. Lynch, III; Andrea M. Szabo
About This News Article

Heirs’ property refers to a type of tenancy in common in which multiple owners obtain undivided, fractional interests in real property. It often occurs through intestate succession and can leave heirs with clouded titles and unstable property ownership. Tenancies in common have no rights of survivorship; when a cotenant dies, their interest passes directly to their heir(s). All cotenants enjoy the same rights to enjoy and possess the property, but do not share any equal obligations for property maintenance. The lack of clear title and fractioned ownership limits the ability of an individual cotenant to sell, improve, renovate, and repair the property or use it as collateral.

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