Indianapolis, IN asked in Civil Rights, Domestic Violence, Landlord - Tenant and Probate for Florida

Q: Can a 50% owner kick door down and take stuff out of home where he is not legal resident of without other owners say.

There was no will no probate started. Owner tackled and physically removed guest while I was not home. Cops called and sided with owner. Items were tore down broken and went through doors with deadbolts kicked in. I was not home. They still have my other phone in their possession and police did nothing

3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Consumer Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Not enough facts to answer. Please try again.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Your post is confusing. You mention probate not being started, but also mention a "50% owner". I'm guessing that someone died, leaving you and the other person in possession, with some sort of belief that the two of you had inherited the property.

If this is the case, I suggest that you file a probate petition and seek authority to sell the property, with each of you to get a share of the proceeds.

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

A: I agree with the other two attorneys. There is not enough facts to say for sure. There appears to be more to the story if the Police were called and sided with the owner. Sounds like it is time for you to hire a lawyer to step in and assist you. This appears to have went way past a DIY project.

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.