Legal Question in Real Estate Law in Florida

My father died in 2008 without a WILL. However, my sister and I have co-ownership of his home which is paid off. My sister is living there and doesn't compensate me for anything. She doesn't want to sell it but I do. She's very ignorant and stubborn and can't afford to buy me out. She thinks the place is ALL hers and she doesn't have to pay me or buy me out.What are my options...partition sale? Which would mean that the house would be sold Auction then correct? Which in return means losing more money instead of my sister coming to her senses and realizing that selling is the ONLY option. Please advise.


Asked on 1/22/13, 8:51 am

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

You can file a partition action. It would involve an accounting of money expended on the house and sale at auction, or on the courthouse steps, or be agreement eventually. These intrafamily type lawsuits are not pleasant usually. Is there equity in the property, that is the first inquiry you need to make, without equity selling it is of no value to anyone. Who is paying the taxes on the property? Is that yearly cost greater than the equity? Seek some legal help to decide what to do.

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Answered on 1/22/13, 11:41 am


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