Legal Question in Real Estate Law in Florida
Common property
I currently own a home with my boyfriend we are both on title as JWROS however we are splitting up and he will not buy me out. The mortgage is in his name alone. What are my legal rights to get this resolved. He is saying he will only sell for what is owed as of now the property has gone up by about 90,000.00 dollars and feel it is throwing money down the drain is it true that I do not have to sign off if I feel we can get alot more money? And legally does he have to buy me out if I leave? We have no children together but he said he will get me for abandement. I would appreciate your help in this matter.
1 Answer from Attorneys
Re: Common property
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.
You have many raised many issues which frankly cannot be answered in a few sentences. There is no such thing as abandonment of a home so do not worry about that. If the parties cannot agree, then one or the other can file a suit for partition and the court will order the property listed for sale on the open market if neither will be able to buy out the partner. You should consult a qualified real estate attorney who can provide answers to all of your questions and advise you how to accomplish your goals.
Scott R. Jay, Esq.