Legal Question in Real Estate Law in Florida

My father passed away and left his house to myself, my brother and my sister 12 years ago. The deed is in all of our names. I have lived in the home for 11 years paying all property taxes, maintenance, repairs and daily up keep by myself. Can either sibling force me to move out or force their selves to move in? Can I buy their share and deduct the money I have paid out?


Asked on 3/25/15, 2:59 pm

2 Answers from Attorneys

Jean Winters Winters & Winters, PA

It depends on the language of the conveyance and type of ownership. If you and your brother and sister all agree, then of course you could buy them out in whatever manner you agree - in that event, a new deed would need to executed before two witnesses by all the three of you as grantors with you as the grantee, notarized and recorded. If you cannot agree on these matters, the house may need to be partitioned (if appropriate) and sold. You may want to retain a Florida lawyer who practices real estate law to help you with this.

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Answered on 3/25/15, 3:19 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

The other owners could force a sale of the property and splitting of the proceeds. You would get a credit for what you paid AND you will get a debit for the rental value of the property in any accounting associated with that sale. You can certainly agree to purchase the property in an arm's length transaction. You should remember you have had exclusive possession and they are entitled to just compensation for that usage. You are entitled to just compensation for their share of the expenses. Seek legal help if you try to purchase the property or want to negotiate the deal.

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Answered on 3/25/15, 4:04 pm


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