Oldsmar, FL asked in Real Estate Law for Florida

Q: I owned a house alone, but added (never married) my then partner'sname to deed 2 years. ago. The morgage is paid off.

It is presently rented out. When unit is available, I want to move back in. Is this ok? Can I be evicted or charged rent by my expartner?

Related Topics:
2 Lawyer Answers
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: Without knowing more I would presume you and your ex are "co tenants" of the property, meaning you each own a divisible one-half interest.

If you can, you should try to get your ex to deed his/her portion to you. Failing that, if you moved into the house you would be paying half the rental value to the ex.

But it gets more complicated. There are current expenses and those are being paid for by whom? You only? And what about the current income, are you paying your ex one-half after the payment of the taxes etc for the house?

This is complicated. You really need to determine what you want to do with this house and whether you want to own it alone or with your ex. There are solutions but you need to meet with an attorney to find out what they are and for guidance on your best choice of solution for you.

1 user found this answer helpful

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with Attorney Zaretsky's advice and cautions. You really need to hire a lawyer in your area to discuss the whole picture and your goals with this house. It is more complicated than you think.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.