Legal Question in Family Law in Florida

My fiance of six years recently broke up. He refuses to move out. What are my rights? We live in Florida. I put the down payment and made most of the mortgage payments, which I can prove. We are both on the deed but he is alone on the mortgage. Our home is under foreclosure. We hired an attorney to stop foreclosure and have our loan remodified. What can I do to have him move out?


Asked on 11/10/09, 2:49 pm

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

It sounds like he has an equal right to make you move out. You all need to come to an agreement. Perhaps your foreclosure attorney will have some suggestions.

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Answered on 11/15/09, 5:12 pm
Lucreita Becude Lucreita D. Becude, P.A.

Since both of you are on the deed, ask the Judge to partition the property. Since this is impossible for a single family home, the court will order you to sell, if there is a profit you will equally share in the proceeds after expenses. If you do get the loan remodified, try to sell the home by getting an order from the court.

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Answered on 11/16/09, 11:44 am
Brent Rose The Orsini & Rose Law Firm

Filing a partition action on a house in foreclosure is probably a really stupid idea, but you can ask your foreclosure lawyer what he or she thinks, as Ms. Grosse has more wisely suggested. Perhaps as part of the refinancing or loan modification that your attorney is attempting, the home can financed in only one of your names, and one can buy the other out. On the other hand, if the house does end up getting sold in foreclosure, the unfortunate upside will be that you won't have to deal with the problem of living together any more.

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Answered on 11/16/09, 12:41 pm


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