Legal Question in Real Estate Law in Florida
Title of house is under 2 names, mine and a former friend. i want to sell house, but other party on title moved out of the country. can not reach him at all to ask him for
a power of attorney, an have total control of house. can i sell the house without his consent?
2 Answers from Attorneys
No. Without his consent you have a problem. If you can't reach him, and he has abandoned the property, you may be able to file suit against him to partition the property, but his half will still go him.
You can't sell the house without one of two things:
1. your friend's consent and power of attorney
2. a court order
So...whether you obtain number 1 or 2 above, your friend may owe you his share of contribution toward fix up expenses, back taxes paid, loan payments, whatever you spent to maintain the property. A real estate attorney can help you to figure out the next step, and apply the law to the specific facts of your case.
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