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I am 1/2 owner of a Florida Homestead property. How can sell this property? The other owner does not want to sell.

Miami, FL |

I have recently become 1/2 owner of a condominium with complete ' Florida homestead status '. The bad: I own it with which I think is a poor excuse for a human being. We do not speak, and very likely never speak again for the rest of our lives (personal issue). Obviously I want to sell and get final closure on this toxic relationship. The other party refuses to sell; for the purposes of lowering the quality of my life. Question: What would be the fastest way to force a sale of this Condo? There is no mortgage, debts or liens. Title is clear. Yes we are both on the deed. Do I go to civil court? What jurisdictions can I settle this in? How about Federal Court or UCC filing? thank you

Attorney Answers 4


Find a local real property attorney to file an action for partition of property and have the court order the sale of the condo. That is the simplest way to resolve this issue.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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I agree with my colleague. You will have to file action for partition to force the sale of the property. Many attorneys on here, including myself, offer free initial consultations.

Natalie Guerra-Valdes

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Your best option will be to file a partition action in the hopes of getting the court to enter an order compelling the sale of the property. In a partition action, where the parties cannot seem to agree to anything, the court will appoint the real estate agent, the court will decide on the commission to pay the real estate agent, the court will decide on the amount the property will be sold for, and the court will decide how much each joint title holder gets after the sale. Sometimes, one of the joint title holders can show that they put money into the property that the other did not, and that can be compensated for by the judge. The judge will also appoint a magistrate at the parties expense since the property is not really a classic partition action where land can be divided. The parties to the suit will be able to argue their positions, but the court will make the final decision unless the parties come to their senses and start agreeing in order to lower the cost and expense of the partition action. Furthermore, everyone ought to be concerned about the volatility of the two of you residing in the same space while the process is ongoing. It's like a divorce, or maybe worse. One or both should move out before the process starts. If one moves, the court might consider that in the final award since that person will be paying rent somewhere else while the process is ongoing.

The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at:

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Rex Edward Russo

Rex Edward Russo


I should have said "the court may" not "will" "appoint a magistrate at the parties' expense." But, it might be impossible to proceed without one if there are no agreements. You can go without one, but then the property must be put up for auction and that is not usually the best way to market property for a maximum price.


I agree with the advice you have received. Even though you have difficulty with your co-owner, it is possible that he will see it is in your and his best interests to settle by either selling to a third party or having one of you buy the other out. Litigation is costly. You should have a lawyer assist you.

This answer is provided for general information only. The information provided should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this answer are encouraged to seek independent counsel for advice regarding their individual legal issues.

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