[kima02]

A property owned by my family in Florida is held as tenants in common in the following manner::

John Smith, a single man, Barbara Reynolds, a single woman, Robert Smith, a single man and Peter Smith and Jane Smith, husband and wife.

John and Barbara have since gotten married and Peter Smith, the father of John and Robert, passed away a couple of years ago. Robert would like to quitclaim his interest in the property. The remaining owners would like to own the property as joint tenants with right of survivorship.
Would the following conveyance be correct?

THIS INDENTURE made the 9th day of June 2009, by and between John Smith and Barbara Smith, formerly known as Barbara Reynolds, his wife, Jane Smith, an unremarried widow, and Robert Smith, a married man, hereinafter referred to as the GRANTOR, and John Smith and Barbara Smith, his wife, and Jane Smith, an unremarried widow, as joint tenants with full right of survivorship, hereinafter referred to as the GRANTEE.

Is this a valid and legal way to change owvership to JTWRS? I think I read that for JTWRS to be valid the conveyance to the owners have to happen through the same instrument (deed) and at the same time. This is why I have doubts on whether this is a valid way to create JTROS. I have seen deeds that change ownership from JTROS to tenanats in common, but not the other way around. By the way, I am using a quitclaim deed to change ownership type. Is this acceptable? I know some lawyers do not like quitclaim deeds, but will it be acceptable to use one?

Thank you

[LisaB4657]

Yes, this is a valid way to change ownership to JTWROS. But I stand by my response to your last post. You should add a statement in the description area that says something like "It is intended by the parties that ownership shall be as JTWROS as to all owners."

Actually, I stand by my statement in my last response to you that you should get this prepared by an attorney or title insurance company. It's not expensive and you'll know that it was done correctly. You shouldn't be relying solely on answers you receive on the internet, particularly when it concerns legal issues and ownership of property.

[Fr_Chuck]

I will agree with Lisa, there is no reason not to be perfectly clear and add the last line.

Also you will not get better or more answers by asking the same question more than once. And to be honest if you want more info you add to your original question. Starting new questions often make the experts angry at the waste of answering the same thing twice and can lead to you getting less answers in the future

[kima02]

The reason for the second question is that it is a slightly different situation. In my first question that Lisa answered, the property was being held by the owners as JTWROS to begin with. One of the owners wanted to quitclaim to the others, but making sure that the ROS was not lost.

In this property, the owners own the property as joint tenants in common and they want to establish the joint tenancy with rights of survivorship.

This is the reason for the new question. I thank you for your advice.