Legal Question in Real Estate Law in Florida

A divorce settlement has the property listed as right of survivorship...I understand neither party can mortgage or sell without the others permission..but there is a mention of a partition action could be taken to sever the relationship..to seek a sale.. What if that is something only one of the party wants and is not what is listed in the divorce decree..how vunerable is the person at 69 years old and that does not want a change in this situation, that would cause financial hardship.


Asked on 6/08/14, 6:33 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

A partition action would force the sale of the property as to the person who did not want to sell. It would sever the survivorship interests. The financial hardship of one of the parties is not relevant to that action. If one of the parties has possessory interest pursuant to the divorce decree, than this cannot be done. Not enough facts to really answer the question. Have your attorney review the documents and divorce decree.

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Answered on 6/08/14, 6:49 am


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