Legal Question in Civil Litigation in Florida

Breach of Contract

I entered into a contract with a friend on a home in orlando in Dec 2006 which I reside in. We are joint tenants with rights of survivorship. we both put down $24k and I am sole one on mortgage. My partner was to pay me $250 per month for the offset. I am responsible for any repairs due to my living there. Any other cost to up keep the house was to be split 50/50. I have covered my partners monthly $250 for app 18 months. In the contract it states that each will help if one falls on hard times. Money will be paid back. If not it will be taken off the top of the portion on their half of the sale. My partner and I are no longer in communication. and I have approached him on paying me. I also have given him apprx $15k for personal and real estate as we worked in Real estate together. He is threatening that he is planning on file bankruptcy and has stated that he will not have to pay me anything once he does.I have a fer concerns. First, what happens to my house if he does file? Will I be force to pay anything? Next, what is my legal right to his breach of ou contract? Is there any legal way to force him to sign over his half of the deed to me due to his non payment?He will not be entitled to half when I see decide to sell


Asked on 9/29/08, 4:36 pm

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

Re: Breach of Contract

You keep referring to your contract; is it in writing? If so, a review of same would be critical to answering your questions. If the contract specifies how and when the property will be sold, it may control your ability to deal with it. If not, then you may be able to bring a partition action to determine your respective rights in and to the property and the court will order it sold to the highest bidder if a price cannot be agreed to between the two of you. Attorneys fees are awarded upon a pro rata basis reflecting your respective ownership interests. There is a basic assumption that each of you is liable for 1/2 of the expenses relating to the property and the court can award damages and perhaps bid credits and liens against the other party's interest in the propert. Short of a contract agreement or partition, you cannot force him to dispose of his 1/2 interest.

As to your other loans and deals, each would have to stand upon the agreements between you as to those monies. There can be oral loans.

If he files bankruptcy, only his 1/2 interest is on the block. You may end up with a new partner not of your choosing.

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Answered on 9/29/08, 5:07 pm


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