Legal Question in Real Estate Law in Florida

Same sex real estate property issues

Basically, my partner and I own a house, car, and owe on a personal loan together. Recently she let the house go into foreclosure (I have documentation of my portion pd). The house is now current again, but we are seperating. She is not agreeable to sell the house, or sign ANY papers what-so-ever, she wants to keep the house but cannot buy me out. She states she has recieved legal advise and she doesn't actually have to do anything but sign a sales contract and put up the for sale sign. She has no intentions of agreeing to a price. She states that I am ''stuck'' here or I can move out and let her have the house. Being that I am still responsible for the mortgage that she has recently defaulted on, I need a better option. Please help me!

Thank you,

April Brown


Asked on 7/27/06, 1:25 pm

1 Answer from Attorneys
Brian Pollock Law Office of Brian H. Pollock, P.A.

Re: Same sex real estate property issues

April,

From your description, you may want to consider a partition of the property. A partition occurs through a lawsuit asking the Court to split the property. Here, you don't cut a house/condo in half, and so you go through a process of forced sale and dividing the proceeds based on money put into the property. Of course, you would need to look at how the property is held first. In the end, partition matters in Florida are considered to benefit the property and so attorneys' fees can in some instances be recovered from the property sale.

I am familiar with these issues and handle real estate litigation matters such as this in Miami-Dade and Broward County.

Please do not construe the above as legal advice or the formation of an attorney-client relationship.

If you want to discuss this matter further, please feel free to call me at 305.357.0296, email me, or to visit my website for more information about my practice. www.bpollocklaw.com

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Answered on 7/27/06, 1:49 pm


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