Legal Question in Real Estate Law in Florida

Re: Property

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.

You can file a suit for partition in which you ask the court to determine the property rights of each party. Generally one party is first given the opportunity to buy the other party out. If that is not possible, the party can ask the court to require the property to be sold.

Most judges will first have the property listed for sale so as to get the highest possible price for the sale. If a sale does not occur in a certain period of time, it will be sold "on the courthouse steps" or some other designated place at a forced sale. The proceeds are then split according to the court's determination.

This is a complicated legal matter for which you should be represented by a qualfied real estate attorney. I would strongly suggest that you consult with one to determination your legal rights and responsibilities.

Scott R. Jay, Esq.

Re: Property

The following is not legal advice and does not create an attorney/client relationship.

When two or more parties are on title to a property, you must file a partition suit in order to get the other person removed from the title. In this suit both parties make claims for additional money they have spent to improve or maintain the property. Either party may demand to retain possession of the property or to force the other person to sell their interest. It is also relevant how this property was treated in the divorce in determining how it is divided and who may live there. You may contact me directly at [email protected] and I will be happy to review your case free of charge.

Re: Property

Yes the property can be partitioned. Which in essence means the house is either sold or one party can buy the other party out and keep the house. If you need assistance you should contact a Florida Family law attorney.