I had a similar situation with a husband, wife and mother and the contractor liened. The trial court upheld the lien because the contractor, although in privity with the husband and wife, had served a notice to owner at the property, directed toward all 3 owners. The case was settled afterwards, so I don't have any authority for you, but that was my experience. Diane S. Perera, Esq. Florida Bar Board Certified in Construction Law Law Office of Diane S. Perera, P.A. 14540 S.W. 136 Street, Suite 208 Miami, Florida 33186 305-252-1388 - Office 305-253-3188 - Fax www.dpconstructionlaw.com Sent from Blackberry Wireless Handheld---------------------------- CONFIDENTIAL - This e-mail may contain a communication protected by the attorney client privilege. If you do not expect such a communication from the Law Office of Diane S. Perera, P.A. please delete this message without reading it or any attachment and notify the sender. ----- Original Message ----- From: constructionlaw-bounces@lists.flabarrpptl.org <constructionlaw-bounces@lists.flabarrpptl.org> To: constructionlaw@lists.flabarrpptl.org <constructionlaw@lists.flabarrpptl.org> Sent: Thu Aug 09 19:01:03 2012 Subject: [RPPTL-constructionlaw] construction lien - title question Hi all, Crazy question of the day (for me at least): May a contractor file a lien against property titled as below where the residential improvement contract (over $2,500) was only between Husband and Wife and contractor (not Son): Wife, as 7.5 percent tenant in common with Husband, as 42.5 percent tenant in common with Son, as 50 percent owner with Husband and Son holding their individual interests with right of survivorship only between themselves. Any input or help would be most appreciated! Best regards, Tim Timothy P. Atkinson* Oertel, Fernandez, Bryant & Atkinson, P.A. PO Box 1110, Tallahassee, FL 32302 850.521.0700-w | 850.521.0720-f | 850.544.5304-m * Board Certified State and Federal Government and Administrative Practice