Freeport, FL asked in Real Estate Law for Florida

Q: I have title to a mobile home that lives on jointly owned property. If there is a partition, can I take the trailer?

prtoperty is owned by me and siblings. I own 50%, sister and brother 25% each. There is a house and a mobile home. I paid for and have title to the mobile home. However, the property appraiser/tax assesor includes the mobile home on the appraisal of the property for tax purposes. If they(brother and sister) force a sale by partition, can I take the mobile home with me? It also needs to come off the tax assessors appraisal of value. Can this be done? IT is adding to the fair market value of the property that I would have to pay if I were to buy out the siblings and stay on the property, which is what want to do anyway. But if i have to go, I want the value to reflect the property without the trailer and I want to take it with me. DId that make sense? Hope I was clear enough. Bottom line, they inherited a part of my parents property, which I have lived on for 17 years, but they should not inherit the trailer, because I paid for that

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Typically, if you have title tomthe mobile home then it is your personal property. (However, a mobile home can be converted to become part of the real property by removing the axles and removing the trailer tongue and filing paperwork with the state to declare it to be real property). I cannot determine if this was done in your case. If your trailer has an RP decal (real property) the above process might have been done.

On the issue of partition if the trailer has not been designated as real

Property it should not count towards the Gayle of the property. I can speak with you regarding this matter if you desire and I handle various types of real estate matters.

Ben F Meek III agrees with this answer

Mr. M.B. Adelson
Mr. M.B. Adelson
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Sounds like you own the trailer yourself - and for 17 years your siblings have not asked for rent for the trailer space. Do all 3 of you share the house? Or, is it rented out to a non-family member, or along those same financial lines, is one of your siblings living in it? "Somebody" should look at how the value (or the rent, or the rent that can be claimed...) is actually being divided - 50-25-25 ? Who pays the taxes and insurance? In the perfect "answer" you would be telling me that you 3 sibs have a joint checking account, all 3 of you put money in it, and y6ou are "fairly" paying the taxes, insurance, upkeep according to the interest you have (your inheritance shares) and having the 2d dwelling (the mobile home) either shares the water/utilities or it has its own account. A partition is not your "first" option to sort this out - try meeting and working out something - or go to a formal mediator - before anybody files a lawsuit!

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