Legal Question in Real Estate Law in Florida

partition and mortgage

A and B own a home. A takes out a mortgage for half or more of the value. B will start a partition action. Meanwhile, A has been renting the home out. B has not received any monies. A states the loan was taken out for repairs and maintainance. B never received notices of repairs. Will the bank take the loan out of the total sale of the house or is A liable with her half because B never signed anything?

Thank you.


Asked on 6/11/05, 3:06 am

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

Re: partition and mortgage

Is this a law school exam question? :) Anyway, it depends on how the joint tenancy is held. If it is held as a tenancy in common, it is subject to partition and the lien is valid against A's half. If it is held as a Joint Tenancy with Rights of Survivorship, the bank may be out of luck as B has not signed the mortgage. For more info, please contact my office at (248)851-3171.

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Answered on 6/13/05, 10:10 am
David Slater David P. Slater, Esq.

Re: partition and mortgage

1. Property is collateral for loan. Both parties are responsible to pay.

2. B may seek reimbursement from A.

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Answered on 6/11/05, 7:40 am


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