Property Rights: Free Florida Real Estate Practice Questions

1. 1. A seller lists a house that contains a built-in microwave mounted above the range and a freestanding refrigerator. Under Florida law, which item is classified as real property and passes with the home by default?

   • A) The freestanding refrigerator, because it is located in the kitchen
   • B) The built-in microwave, because it is permanently attached to and adapted to the structure
   • C) Both items, because they are kitchen appliances integral to the home
   • D) Neither item; appliances are always personal property regardless of installation method
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   Correct answer: B) The built-in microwave, because it is permanently attached to and adapted to the structure

   A fixture is personal property that has been attached to real property and legally becomes part of it, passing with the real estate unless excluded by contract. A built-in microwave is permanently attached to and adapted for the structure, satisfying the test for a fixture. A freestanding refrigerator retains its character as personal property (chattel) because it is not affixed and can be removed without damage; it must be specifically included in the contract to transfer with the home.

2. 2. An owner conveys a life estate in her home to her brother, with the remainder to her daughter. When the brother dies, who receives title to the property?

   • A) The original grantor's estate, because no deed was recorded at the time of conveyance
   • B) The daughter, as the named remainderman
   • C) The brother's heirs, because a life estate is inheritable property
   • D) The state of Florida by escheat, because no living heir was designated
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   Correct answer: B) The daughter, as the named remainderman

   In a life estate with a named remainderman, title passes automatically to the remainderman -- here, the daughter -- upon the death of the life tenant (the brother). A life estate is measured by the life tenant's life; it cannot be inherited because it expires at the life tenant's death. The property only escheats to the state when a person dies intestate with no heirs, which is not the case when a remainderman has been expressly designated.

3. 3. Three investors own a commercial building as tenants in common with shares of 50%, 30%, and 20%. The 20% owner dies intestate with one adult heir. What happens to the deceased owner's interest?

   • A) It passes to the deceased owner's heir according to Florida intestacy law
   • B) It is divided equally between the two surviving co-owners by right of survivorship
   • C) The property must be partitioned and sold, with proceeds split according to ownership percentages
   • D) The state of Florida acquires the 20% interest by escheat
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   Correct answer: A) It passes to the deceased owner's heir according to Florida intestacy law

   Tenancy in common carries no right of survivorship. Each co-owner holds a separate, undivided fractional interest that is freely inheritable and devisable. Upon death, the deceased tenant in common's share passes to their heirs (by intestacy) or as directed by a will -- not to the surviving co-owners. This is the defining distinction from joint tenancy, where the right of survivorship automatically vests the deceased owner's share in the surviving co-owners.

4. 4. A married couple owns their home as tenants by the entireties. After a final judgment of divorce is entered, how does the form of ownership change?

   • A) The home must be immediately sold by court order and proceeds split equally
   • B) Ownership converts to a joint tenancy with right of survivorship between the former spouses
   • C) The tenancy by the entireties converts to a tenancy in common
   • D) The spouse who retains physical possession of the home automatically receives full title
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   Correct answer: C) The tenancy by the entireties converts to a tenancy in common

   Tenancy by the entireties exists only between legally married spouses. When the marriage is dissolved by a final judgment of divorce, the essential element of marriage is removed, automatically converting the ownership to a tenancy in common -- each former spouse holds an undivided one-half interest with no right of survivorship. The property is not automatically sold; how it is divided is addressed separately in the divorce proceeding. A joint tenancy is not created because the parties are no longer married.

5. 5. A Florida permanent resident qualifies for the homestead property tax exemption. What is the maximum total exemption currently available under Florida law, and how is it structured?

   • A) Up to $50,000 off the assessed value, structured as two separate $25,000 tranches -- the first applying to all taxing authorities and the second applying to all authorities except school districts
   • B) $25,000 off the assessed value for all taxing authorities
   • C) $75,000 off the assessed value for all taxing authorities equally
   • D) 100% of the assessed value for qualifying low-income senior residents only
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   Correct answer: A) Up to $50,000 off the assessed value, structured as two separate $25,000 tranches -- the first applying to all taxing authorities and the second applying to all authorities except school districts

   Florida's homestead exemption provides up to $50,000 in two tranches: the first $25,000 applies to assessed value between $0 and $25,000 and exempts that amount from all taxing authorities, including school district taxes. The second $25,000 applies to assessed value between $50,000 and $75,000 but does NOT apply to school district millage. A homeowner with an assessed value below $50,000 receives only the first $25,000 exemption. The $75,000 and full-exemption options do not reflect current general law.

6. 6. Under F.S. 718, what does a condominium unit buyer in Florida legally receive?

   • A) Shares of stock in the condominium association plus a proprietary lease
   • B) A 99-year leasehold interest in the unit renewable at the buyer's option
   • C) Fee simple title to the airspace within the unit's boundaries plus an undivided interest as tenant in common in the common elements
   • D) A tenancy in common interest in the entire condominium building shared equally with all unit owners
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   Correct answer: C) Fee simple title to the airspace within the unit's boundaries plus an undivided interest as tenant in common in the common elements

   Florida Statute 718 defines condominium ownership as fee simple title to the airspace within the boundaries of the individual unit (including interior walls, floors, and ceilings as defined in the declaration) plus an undivided fractional interest in the common elements as a tenant in common with other unit owners. This structure distinguishes condominiums from cooperatives (stock plus proprietary lease). The unit owner's undivided interest in the common elements cannot be separately conveyed from the unit.

Not affiliated with Pearson VUE, the Florida DBPR, or FREC. This is an independent study tool; questions are original and verified against Florida statutes and FREC rules.