Legal Question in Real Estate Law in Florida
I have a a house, the mortage is in my name, the title to the house is in my name and a freind. We are no longer friends and I want to sell the house. The friend refuses. Can I sell my half interest as long as it covers the mortgage amount I still owe.
3 Answers from Attorneys
I suggest that you speak with an attorney as soon as possible. You have options but selling your half interest is not one of them.
Your most practical solution may be a "dollars and cents" approach. If you or your attorney provide a written explanation of why the sale of the property will be mutually beneficial then perhaps your friend will be more likely to sell. You should explain how the property will be sold and how the proceeds will be divided.
If this approach fails then you should speak with your attorney about an action for partition.
Best of luck.
No. You either must obtain consent to sell or start an action in partition to compel a sale.
Atty. Stephen Orchard gives U UR options. Lesson should B learned " never sign a note & mtg. & allow title 2 B put in 2 names. U must eliminate UR former friend's interest in an acceptable fashion. Consent to sale proceeds or Partition Lawsuit where U get credit 4 UR 1/2 half ownership but must out bid UR friend 4 the property.