Legal Question in Real Estate Law in Florida

Re: Trying to be a

I would not think that signing a lease with her would help them in any way. Your brother does not need a lease and has the right to have anyone "stay over" that he wants. I'd avoid the lease thing; maybe a lawyer put her up to it to see if they would fall for it.

Re: Trying to be a

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am pretty sure that I answered an earlier version of this question last week. Your brother should not allow his ex to get involved in this transaction. He should collect the rent and keep accurate records of the disbursements of all monies for payment of the mortgage, taxes, insurance, maintenance of the residence, and all other expenses.

If there is any profit, he may have to account to her at some point in the future if a court of law so orders. If not, nothing is lost by keeping accurate records.

Further, he should consult a qualified attorney to review all of the records regarding the ownership of this house and to discuss the possibility of a suit for partition as I previously explained. Asking questions in this forum is not the way to answer all questions when potential litigation may be at hand.

Scott R. Jay, Esq.