Legal Question in Real Estate Law in Florida

Force partition

I co-own a house that has been mortgaged by the other half. The loan is at least half the value and not signed by me. Will it be a big legal hassle with the bank if I force partion? Can the bank stop me from selling? The woman is making her payments.She has recently married and I don't believe she's even living in the house. I really want to resolve this and receive a fair amount.


Asked on 5/14/05, 7:06 am

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Force partition

How did your co-owner mortgage his half of the house? What bank would take a security interest in half the property? Something does not seem right. Your interest may be superior to the bank's interest. Partition depends on the type of tenancy. A joint tenancy with rights of survivorship may not be subject to partition. Whereas, a tenancy in common is partitionable. Either way, expect grief from the bank. For more info, please contact my office at (248)851-3171.

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Answered on 5/16/05, 10:08 am
David Slater David P. Slater, Esq.

Re: Force partition

It should not be problem as long as the property value exceeds the mortgage. Good luck,

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Answered on 5/14/05, 7:43 am


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