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Prepared by U.S. Legal Forms, Inc.Copyright 2016 - U.S. Legal Forms, Inc. STATE OF FLORIDA RENUNCIATION AND DISCLAIMER OF PROPERTY (TESTATE) Control Number – FL – 01-03
10. The Florida statutes do not address other methods for renunciation or any methods for the disclaimer of property under title viii of the federal real estate settlement procedures act (resp). Accordingly, we have concluded that renunciation and disclaimer actions do not fall within resp's jurisdiction. However, as stated above, we have determined that the provisions of the Florida statutes relating to property rights apply to all parties involved in the process of giving up or disclaiming ownership of real estate, regardless of what method is used to renounce or disclaim ownership. This determination relates to the Florida statutes and the federal landlord and tenant act, but the decision is relevant to renunciation of all property. We also find that the provisions of title v of the fl statutes regarding renunciation of interest under Florida statute and chapter , florida statutes relating to the disclaimer of interest under the fl landlord and tenant act, apply to the renunciation proceeding. 6. If a renunciation of tenancy action is pending under Florida statute and chapter , why is a copy of the declaration that contains the statements above in this filing required to be filed with the court? a. Pursuant to Florida statute , the landlord must file and cause to be served on all property and other persons involved in the proceeding with the court the declaration contained in this filing and any required notices or certificates or attachments to a notice of entry, but no other documents. A copy of any relevant property settlement agreement or other forms related to the proceeding is not required to be filed, but will be served upon property and other persons involved, which serves to confirm the validity of the declaration contained in this filing. B. Pursuant to Florida statute , a party to any renunciation of tenancy action filed in this court must file with the court a copy of the declaration that contains the statements above and the following items: the name and residence address of the renunciation plaintiff, their legal name and date of birth; a copy of the declaration; the statement that the renunciation action is to be held in the civil division of the circuit court, and that the renunciation plaintiff's rights with respect to the property will be substantially in the possession and control of the renunciation defendant; and the statement that the renunciation defendant is entitled to possession and control of the property in accordance with the terms of the property settlement agreement (except, of course, that the renunciation plaintiff may retain possession.