Legal Question in Real Estate Law in Florida
Prior to our meeting, my fiance had purchased a home with a friend of his. Since then, he has been out of a stable job for months and decided to move in with me because he could not afford for his home. His friend still lives in the home and has since gotten a new roommate, but still expects my fiance to pay even though he is not living there and does not have the money. His friend really wants to keep the house but also owns another home and probably cannot afford to refinance. My fiance and I are getting married soon, so there's no way he and I could live in the home with his friend too. Is there any way this can be fixed? Can my fiance try to force sell the home? He did consider signing a quit claim deed, but fears that if he signs over his rights, the friend has no incentive to refinance to get his name off the actual mortgage. Also, is there anything legally the friend can do to my fiance because he can't pay? This is such a mess! Any advice would be greatly appreciated.
2 Answers from Attorneys
I would not quit claim. The bank will not let you off the note or mortgage. If there was an agreement that he would pay half of the mortgage, then he could be sued for his half. The roommate is an interesting aspect. Your fiance should try to rent his room if he can. He really just needs to sit down with the friend and try to resolve this mess without lawsuits if at all possible.
Is either owner profiting from the rental? Why can't he just charge for a room in the house and use that to pay the other co-owner? There may be a couple of legal options, but he should consult with an attorney. I agree that he should sit down with the co-owner and try to work it out. A neutral third party can help them to resolve it. You might consider a prenuptial agreement before getting married too. Regards,
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