Legal Question in Real Estate Law in Florida

if 4 people own a house and one person wants his interest bought out. if the other three cannot buy that person out can that person sell the entire house to a buyer or just his portion


Asked on 2/10/10, 12:53 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Generally, just his share.

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Answered on 2/15/10, 1:03 pm
Joseph Brien THE PEOPLE'S ADVOCATE

If no agreement exists and the property is held as tenants in common, 1/4 interest holder can only sell his 1/4 interest. Usually, the interest is sold at a great discount due to the circumstances.

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Answered on 2/15/10, 1:08 pm
Brent Rose The Orsini & Rose Law Firm

If one person wants to sell and the others don't, the person wanting to sell has two options: 1) depending on the title, the person wanting to sell can sell just his or her interest in the house or 2) the person wanting to sell can file a partition lawsuit. A partition lawsuit forces the house to be sold and the profits to be divided amongst all the owners.

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Answered on 2/15/10, 2:44 pm
Lesly Longa Longa Law P.A.

It depends. If the person files to partition the property, then the entire property will be sold and the proceeds will be divided among all of the owners. Contact an attorney for more assistance. Regards,

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Answered on 2/17/10, 2:38 pm


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