Legal Question in Real Estate Law in Florida

SeveraL years ago I purchase a house. After sometime,I added my children and then my Live in boyfriend to the Deed

(via) Quit Claim Deed. Shortly after that the live in boyfriend moved out and has not contributed to the up keep

financial or otherwise. So now there are 8 adults including him on the deed. Recently his lawyer sent me a

summons which states(This is an action to parition real property pursuant to chapter64,FLordia Statues). I'm

not sure what this means,but I believe that he wants us to sell the house and split the proceeds. No one is

willing to sell. How do I go about responding to this summons, and

what steps do I need to take to keep my property. Thank you, Desperate


Asked on 12/07/09, 8:18 pm

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

I assume you know by now that it was really really dumb to add him to the deed. It is unclear why you did so. You will need to respond. Without more information about why you gave him the property, it is unclear whether it can be done, but probably not. As an owner, he has a right to force its sale. He gets one eighth.

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Answered on 12/12/09, 6:44 pm
Lesly Longa Longa Law P.A.

I am really sorry, but Mr. Wagner is correct. He is one of the owners and can force the sale and partition of the property. If you wanted to leave it to him (or anyone else) you could do so by will, which could easily be revoked or amended once you broke up. But, he is one of the owners on your deed. You will need to submit an answer to the complaint, so I recommend you hire an attorney if you do not want to do it yourself. If you need further legal help, please contact me or another attorney. Regards,

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Answered on 12/13/09, 10:05 am
Brent Rose The Orsini & Rose Law Firm

A partition lawsuit is a suit that forces the property to be sold when at least one owner refuses to sell. The proceeds are generally split among the owners. You should hire an attorney to assist you. Most often, attorneys' fees are also paid out of the proceeds of the sale.

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Answered on 12/13/09, 8:49 pm


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