Legal Question in Real Estate Law in Florida

Land Ownership / Divorce

Hello,

I purchased a land lot with my ex-fiance' when we we were together and had plans to build a home on the lot. Since then, we have split up and we have been making payments together ever since. I have two questions: #1 Because of the amount that we initially put down to purchase the lot, I have paid $4000 more that she has. I would like to discontinue making payments on the lot until her total payout equals mine. Can I do that without penalty. Question # 2: She wants to sell the land for no profit just to get rid of it. I have paid out $12,000 so far and I totally disagree with this. Can she sell the property without my permission. We're both joint on the loan.


Asked on 12/13/07, 3:45 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Land Ownership / Divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you discontinue payments, the land might be foreclosed upon by the lender if your former friend does not make up the difference. In order to do as you have suggested, both parties have to be in agreement, it cannot be a unilateral decision.

It is probably a good idea to sell the land since you no longer seem to be in agreement with each other on plans for this property. Frankly, in today's market, you might be lucky to recoup your investment without taking any loss. Neither party can sell the property without the agreement and cooperation of the other if both are on the deed.

If a major disagreement happens, one or the other can file a suit for partition and the court will try to resolve the dispute. Failing such, the property will be ordered sold with the proceeds distributed according to an order of the court.

Scott R. Jay, Esq.

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Answered on 12/13/07, 10:54 pm
Stanley Miller Stanley M. Miller, P.A.

Re: Land Ownership / Divorce

She can sell her interest to anyone who would buy it. If you stop paying any loan, that will create another set of problems. Get help please.

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Answered on 12/13/07, 5:38 pm


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