Legal Question in Real Estate Law in Florida

Partition Lawusit

My mom left the 4 of us her apratment in Fl. My brother wants to move in and make it his place, he can't afford to buy it and refuses to move out. Can the remaining heirs force him to sell it to us and this way he has no legal right to live there.


Asked on 1/26/09, 11:28 am

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Partition Lawusit

You can't force him to sell it to you, but you can, in a partition lawsuit, force it to be sold at auction or, if you all agree, some other way. If it gets sold at auction, you may be able to buy it.

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Answered on 1/26/09, 11:44 am
David Slater David P. Slater, Esq.

Re: Partition Lawusit

You can force a sale, which may also include a buy out. You are also entitled to rent.

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Answered on 1/26/09, 11:56 am


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