Legal Question in Real Estate Law in Florida

home owner

I have a home for 13 yrs. my ex-boyfriend an I bought the house in both are names. The question is he and I are not together for more then a year in a half. He is not been working for more then a year and hasn't help with the mortgage payment. He lives currently in the same house only in a different room. Hasn't help me in no bills and etc..,,I told him to live since i'm the one paying all the bills. I would like to know how I can get him out of my house. I try to buy him out but right now it's hard to refinance. Plus my house payment will go up. Please give me some advance. Need help desperately!!!!! He's not cooperating and say's that he can stay when ever he likes. I'm not married to him. And in are contract we both were suppose to pay. He's not putting his promise on this contract.


Asked on 4/27/09, 10:12 pm

2 Answers from Attorneys
Robert Roemer Robert Roemer

Re: home owner

Generally, in Florida you may bring a Partition action where the Court will partition the jointly held property, and with real estate, direct that the property be sold. In the Partition action you might be able to sue for the breach of the contractual payments he owes you.

You do not need his permission to sue for Partition at any time. If you wish to discuss this in more detail, please feel free to e-mail you telephone number and best time to call.

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Answered on 4/29/09, 3:32 pm
Richard Stoffels Stoffels Law Group

Re: home owner

There is little you can do if you cannot buy him out. Also it is not your house. The house belongs to both of you, so you cannot evict him. You agreed to have the house titled in both of your names. The only option you have is to sue him for contribution, but a judgment is only as good as his ability to pay.

Sorry, but unfortunately you both got into this together.

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Answered on 4/27/09, 10:39 pm


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