Legal Question in Real Estate Law in Florida

Re: I want to sell, She wants to stay!

You need to seek help from Real Estate or Family Law attorney. They can file a partition action, which in essence means the house would be sold and the proceeds split or she would have to buyout your interest in the house.

Re: I want to sell, She wants to stay!

Any party on title can file what is called a partition case. It is relatively straightforward and should not take too long. If the home is sold, both parties split the proceeds after expenses. Make sure that you do not get into fights or serious arguments over this...the last thing you need is an injunction that would force you out of your home. You may contact me for more information and good luck to you.

Re: I want to sell, She wants to stay!

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.

Legally, you can take action by filing a suit for partition. In this kind of action, you ask the court to determine the rights of the respective parties. Generally, the court will allow one party to buy out the other, failing which the court will place the property for sale either on the open market or at a forced sale at the courthouse.

It might be in the best interests of both parties to try and resolve their differences and perhaps hold the property for the foreseeable future based on the depressed real estate market. Perhaps one can lease the interest of the other or roommates can be sought during this period.

I would strongly suggest that you consult a qualified real estate attorney to discuss the specifics of your legal situation.

Scott R. Jay, Esq.