Legal Question in Family Law in Florida
Filing a Partition
My boyfriend and I are parting. We bought a house (JTWROS) and he refuses to buy me out or sell the house or let me buy him out. So, basically, he doesn't want to do anything. I want to file a partition. Currently I live in the house but would like to move out because we do not get along and things may get bad once I file the partition. My question is, if I move out, will this be held against me by the court for any reason? He will have to take over the bills of the house because I cannot pay on 2 places. Would a judge consider this as abandonment and give him leniency is some way? Can the court force him to buy me out by a deadline and if he doesn't meet the deadline, the house gets sold? We also have a 3 year old. Is there anyway I can get the house even though we are not married? Anyway the court can decide who buys who out? I have already agreed to let him buy me out but he's not doing anything. And its been over a year since this started. Thanks!
2 Answers from Attorneys
Re: Filing a Partition
Several issues are involved besides a partition action, including child suppport and custody. The market is slow so partition may not work. Retain counsel.
Re: Filing a Partition
There is no such thing as abandonment. In a partition between unmarried persons, the house is sold and the interests of the parties are paid out according to their ownership. It doesn't matter who lives in the house when it is sold.
Partition among unmarried persons doesn't allow for either of them to keep the house, even if they have a child together. Neither party can be forced to buy out the other, but it is allowed if both parties agree.
You'll have to sue him for custody and support, but that has nothing to do with the house except that, if he falls behind on support, you could ask that his back support be paid from his share of the house proceeds.
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