Parrish v. Swearington, OO-144
| Decision Date | 29 January 1980 |
| Docket Number | No. OO-144,OO-144 |
| Citation | 379 So.2d 185 |
| Parties | Julian A. PARRISH, Ottis C. Parrish, Ray G. Dennis, and Elsie Dennis, Appellants, v. Thomas SWEARINGTON, Appellee. |
| Court | Florida District Court of Appeals |
Bill A. Corbin, Blountstown, for appellants.
Steven Seliger, Tallahassee, for appellee.
The appellant, Julian A. Parrish a registered real estate broker, and his wife, Ottis C. Parrish, owned, by the entireties, a large tract of land in Calhoun County, Florida. In August of 1977, the appellee, Thomas Swearington, entered into an oral agreement with the appellant, Julian Parrish, to purchase a portion of said land and, pursuant to the agreement, Swearington made a down payment of $240, moved his family onto the property where they have continuously resided, and made monthly payments of $49.78 towards the purchase price. Julian and Ottis Parrish subsequently sold to Ray G. Dennis and Elsie Dennis a large tract of land which included the land occupied by Swearington. The trial judge found that Swearington was entitled to specific performance of his oral agreement and ordered the appellants, Julian A. and Ottis C. Parrish, to execute a writing setting forth the terms of said agreement.
It is well-established law in Florida that a husband and wife owning property in an estate by the entireties must join in any conveyance thereof. Neither spouse alone can do anything to alter the tenancy of identifiable property held by the entireties. Although it is true that the estate held by spouses in an estate by the entireties is one Per tout et non per my, they are still two owners of the property, and both must join in a conveyance of it and since an estate by the entireties is vested in husband and wife as one person, neither spouse can sell, forfeit or encumber any part of the estate without the consent of the other, nor can one spouse alone lease it or contract for its disposition. 17 Fla.Jur., Husband and Wife, § 27, pp. 86-87.
The record before us will not support the circuit judge's finding that "an oral agreement exists between plaintiff and defendants, Julian A. and Ottis C. Parrish . . ." There is an absence of competent substantial evidence that Ottis Parrish was a party to, participated in, or was aware of the agreement between her husband and the appellee. The challenged order, if it is to survive, must find support in some theory of law other than joinder of spouses in conveyance of jointly held property. The principle of estoppel may be invoked against a married woman who knowingly permits her...
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Havoco of America v. Hill, 97-2277
...of the other, nor can one spouse alone lease it or contract for its disposition." Id. at 1514 (quoting Parrish v. Swearington, 379 So.2d 185, 186 (Fla.Dist.Ct.App.1980) (per curiam)). Further "[c]reditors cannot levy on entireties property to satisfy the debt of an individual spouse." Id. a......
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...Accordingly, neither spouse can, by his or her unilateral act, alienate, encumber or forfeit the property. See Parrish v. Swearington, 379 So.2d 185 (Fla. 1st DCA 1980). No creditor of one spouse may level against assets owned by the entireties to satisfy the debt of that individual spouse.......
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...by the criminal conduct of one spouse acting alone. Smith v. Hindery, 454 So.2d 663, 664 (Fla.Dist.Ct.App.1984); Parrish v. Swearington, 379 So.2d 185 (Fla.Dist.Ct. App.1980). An estate by the entireties is vested in the husband and wife as one person, Murray v. Sullivan, 376 So.2d 886, 889......
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...neither spouse can sell, forfeit or encumber any part of the estate without the consent of the other . . . ." Parrish v. Swearington, 379 So.2d 185, 185-186 (Fla.Ct.App.1980). However, Florida law requires the consent of the other spouse, not the spouse's signature. See id. at 186. Consent ......