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

Asked over 1 year ago - 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)

  1. Carol Anne Johnson

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more
  2. Rex Edward Russo

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more
  3. Natalie F Guerra-Valdes

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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
    (954)764-7878
    nvaldes@valdeslawfirmpa.com
    www.valdeslawfirmpa.com

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The... more
  4. Linda Carol Singer

    Contributor Level 7

    Answered . 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... more

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