Confirming Your Percentage Ownership in Florida Real Property | Florida Estate Planning | FastCounsel
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Confirming Your Percentage Ownership in Florida Real Property

How to verify your percentage ownership interest in Florida real property

Detailed answer — step-by-step process

If you believe you own a percentage of your parents’ real property, start by confirming what is recorded in the public record and then, if needed, get a professional title opinion. Below are the steps Floridians typically follow to confirm ownership percentage and legal rights before a sale.

  1. Get the recorded deed(s).

    Visit the county property appraiser or county clerk/recorder website where the property is located and pull the recorded deed (or visit the clerk’s office in person). The deed is the primary document that identifies how title is held and often states the ownership shares (for example: “as tenants in common, each owning an undivided 50% interest,” or naming a specific fractional share). Florida’s recording rules are in the statutes: see Florida Statutes, Chapter 695 (Recording of Instruments) for recording requirements and effect: Fla. Stat. ch. 695.

  2. Read the deed language carefully.

    Look for phrases that define the ownership form and shares. Common forms include:

    • Tenants in common — each owner has a divisible, fractional interest. The deed often specifies the fraction (e.g., 1/2, 1/3). If a deed expressly creates tenants in common, it controls.
    • Joint tenants with right of survivorship — typically means equal shares during the lives of all owners and survivorship at death.
    • Tenancy by the entirety — a special form for married couples in Florida that creates a single marital unit of ownership with survivorship and limited creditor attachment.
    • Trust ownership or life estate language — the deed may show the property is held in trust or that someone has a life estate; the legal ownership interest and your rights may flow from the trust document or life‑estate terms rather than a simple percentage on the deed.

    Florida courts and statutes address conveyances and title language—see Chapter 689 (Conveyances) for the statutory framework for deeds: Fla. Stat. ch. 689.

  3. Check the county property appraiser and clerk records for the parcel history.

    Public online records often show the current recorded owner(s), the legal description, and a history of recorded deeds. Use the parcel ID (folio) to pull chain-of-title entries. A chain-of-title review tells you when and how ownership changed and whether your parents or you appear as owners in any recorded instrument.

  4. Obtain a title search or commitment from a title company.

    A title company or licensed abstractor will research the chain of title, record any liens or mortgages, and produce a title commitment that shows the recorded ownership and any encumbrances that could affect the sale. This is the practical, reliable way to confirm percentage ownership and whether other recorded interests exist.

  5. If the property is in a trust, review the trust documents.

    Recorded title may show the trustee as owner. Beneficial interests (your percentage interest under a trust agreement) are usually set out in the trust instrument and are not recorded on the public land records. If you suspect the property is in a trust, ask the trustees for a copy of the trust or consult an attorney to request documents if appropriate.

  6. If a parent is attempting to sell and you claim an ownership interest, act quickly.

    If you have a recorded interest (deed, life estate, recorded contract, or recorded lien), you can typically block or challenge a sale until your interest is resolved. If your interest is unrecorded but based on an agreement or expected inheritance, a court may still recognize an equitable interest—but you’ll need legal help promptly.

  7. If a parent has died, check probate or intestacy records.

    When an owner dies, title passes by survivorship (if applicable), by deed, or via probate or trust administration. Florida’s probate and intestacy rules are in Chapter 732: Fla. Stat. ch. 732. If you think the property should pass to you, look for an opened probate case, a recorded affidavit of survivorship, or a deed recorded after probate or trust distribution.

  8. When in doubt, hire a Florida real-estate or probate attorney and/or a title company.

    If the recorded documents do not clearly state fractional shares, an attorney or title company can: (a) perform a complete chain-of-title search, (b) interpret deed language (and resolve ambiguous phrasing), (c) determine whether any unrecorded equitable interests exist, and (d) advise about steps to prevent an improper sale (injunction, lis pendens, quiet title action, or other remedies).

Common situations and what they mean for your share

  • Deed expressly names fractional shares: The recorded fractions control (for example, “A — 50%; B — 50”).
  • Deed conveys to multiple people but does not specify shares: Often courts treat such owners as owning equal shares (for tenants in common), but the exact result can depend on wording and surrounding facts—get a title opinion or legal advice.
  • Property titled in a revocable trust: The trustee holds legal title; beneficiaries have beneficial interests determined by the trust instrument (not by the land records). You may not appear on the deed even if the trust gives you a percentage interest.
  • Property held as tenancy by the entirety: Only spouses can hold property this way in Florida. It generally prevents unilateral sale by one spouse and creates survivorship rights.

What to do right now — immediate practical steps

  • Find the property’s parcel ID on the county property appraiser site and download the current deed and deed history.
  • Obtain a copy of the recorded deed showing the conveyance to your parents and any later conveyances.
  • Order a title search or speak with a local title company for a title commitment.
  • If you see language that suggests you have an interest, get a written title opinion from a Florida real estate attorney before the sale proceeds.
  • If a sale is imminent and you believe it violates your recorded rights, contact an attorney immediately to consider filing a lis pendens or emergency injunction to preserve the property while ownership is sorted out.

Helpful hints

  • Bring or know the parcel ID (folio number), legal description, and exact names as they appear on the deed when asking recorders or title companies to search.
  • Look for keywords in the deed: “tenants in common,” “joint tenants with right of survivorship,” “tenancy by entireties,” “trustee,” “life estate,” or explicit fractional language such as “one-half.”
  • Don’t assume an oral promise or a family arrangement equals a recorded ownership interest. If it’s not in a recorded deed or trust, you may have only an equitable claim unless there is other written evidence.
  • Be aware of quitclaim deeds: they convey whatever interest the grantor then has, without warranty. If your parent signed a quitclaim deed to someone else, check whether they had the legal capacity to convey and whether the deed was properly recorded.
  • Title insurance issued at an earlier purchase protects the insured purchaser against covered title defects; a current title commitment will show current defects or clouds on title that could affect a sale.
  • If you suspect fraud, elder abuse, or undue influence, address it immediately with an attorney and consider reporting concerns to the appropriate authorities.

Key legal references (Florida): Florida Statutes, Chapter 689 (Conveyances): Fla. Stat. ch. 689; Chapter 695 (Recording of Instruments): Fla. Stat. ch. 695; Chapter 732 (Intestate Succession/Probate basics): Fla. Stat. ch. 732. These chapters provide the statutory framework for deeds, recording, and distribution at death; a title professional or attorney will apply these rules to the facts of your matter.

Next step recommendation: If you want a definitive answer about your percentage interest, order a title search and consult a Florida real estate or probate attorney for a written opinion before any sale closes. If a sale is already scheduled, act quickly to protect any recorded interest.

Disclaimer: I am not a lawyer. This article provides general information about Florida law and practical steps to confirm property ownership. It is not legal advice. For advice about your specific situation, consult a licensed Florida attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.