Legal Question in Civil Litigation in Florida

tennents in common

my wife and her girlfriend biult a house together for resale.no written contract.they both agreed to split all the bills,elec,water.pool maintaince ect.Now her girlfriend won't pay her half unless we lower the price of the home.What recourse do we have to make her pay her half of the bills ? Thank you


Asked on 12/09/08, 2:47 pm

2 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Re: tennents in common

There is a general rule of law that tenants in common are equally liable to each other for necessary expenses for the upkeep and maintenance of real property. If you have paid more than your 1/2, you may be able to bring an action for contribution. Also, if you cannot agree on how to deal or dispose of the property, you may be able to bring an action for partition of the property. If you wish to discuss this further, please call the Law Offices of John DeLancett,PL

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Answered on 12/10/08, 3:29 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: tennents in common

There is a complicated provision of Florida law called the Statute of Frauds that may affect your rights in this case. A contract such as this one that is not written may be voidable, meaning she may not be legally obligated to pay her half of the utilities. That being said, you are not without a legal remedy. There may be things you can do to protect your rights.

Please contact me if you would like to discuss this matter further.

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Answered on 12/09/08, 4:42 pm


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