Legal Question in Real Estate Law in Florida

What are my rights as a co-owner when I want to live in the home but the other co-owner wants their child to live there? Basically telling me I have no rights to the property and their wishes come first? Can I force them to buy me out or force them to sell to me? I really want to keep the home but my sister is very unreasonable and wants it for her kids. We both inherited it from our brother as life estates for both of us, but nothing has been probated yet. Do I have any rights to be on the property at all?


Asked on 4/04/16, 3:17 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You can file a partition action which would force the sale of the property. if you both have life estates and you own it jointly, you both have a possessory interest UNLESS there is a lease which predated the death. you really need to seek legal guidance with all your paperwork to get an appropriate answer directed to your facts.

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Answered on 4/04/16, 4:29 pm
David Slater David P. Slater, Esq.

You have equal rights. If necessary ask her to buy you out at fair market value or you ask to buy her out (do it in writing). If she refuses you can institute a legal action where the court will compel a sale. Good luck.

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Answered on 4/05/16, 4:57 am


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