Q: Is there a provision to force the sale of house I am co-owner of in Florida?
There are five of us on the deed left by my father who passed in SEP. We are unable to agree on a buyout and I cannot wait until my step brother decides the time is right. Help please!
A:
You are faced with the classic example of the need for a remedy that is in Florida Statutes (the law set by the Legislature). It is called a Partition Action and essentially, any owner can go to court and as the court to cause a property owned by the owner and others to be sold either at private or public sale. Under the statute, the attorney fees can be paid from the sale proceeds.
See an attorney in the jurisdiction where the property is located and he or she can guide you through how this is done and about how much it may cost. Potentially a partition action can get through the courts rather rapidly. It all depends on how and why the other parties want to fight the partition action. Generally, there is little a dissident can do other than make sure they get their correct portion of the sale proceeds.
A: Yes as pointed out by attorney Zaretsky you remedy is a partition action. You need to consult with a real estate attorney in then area where the property is located to walk through the logistics.
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