Legal Question in Real Estate Law in Florida

Tenants in common and mental health

One party of a jointly owned home has an un-diagnosed but very real mental issue making it difficult if not impossible to sell a home which is currently listed on the market. This party refuses to get help and feels everyone else has a problem. There are no drugs or alcohol involved.

I am the one paying the mortgage and need to sell the house soon and re-start my career. The mortgage is not in default but I'm starting to think that the only way to solve the problem is to stop paying the bills. Do I have any other options? I moved out and visit there infrequently. Thank you


Asked on 5/31/02, 1:21 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Tenants in common and mental health

You will need an attorney to start a partition action in Circuit Court. This would force a sale & division of the proceeds.

Read more
Answered on 5/31/02, 5:19 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Tenants in common and mental health

If the property is owned as tenants in common then you will need to petition the court for a partition in order to have each of your interests in the property apportioned. If I may be of any assistance, then you may call me at (305) 769-3000.

Read more
Answered on 5/31/02, 5:34 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida