Boca Raton, FL asked in Real Estate Law for Florida

Q: I co own a house, I and my friend are both on the deed. I want to sell, my friend does not, what can I do to get a sale

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2 Lawyer Answers
Jennifer Hanson Copus
Jennifer Hanson Copus
PREMIUM
Answered
  • Fort Walton Beach, FL
  • Licensed in Florida

A: If you and your friend are unable to come to an agreement on whether to sell or not, you have the option of filing a partition lawsuit. Since a house cannot be divided into two separate but equal properties, the court will ultimately order that the property be auctioned off publicly to the highest bidder. The proceeds will then be split between you and your friend.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: You are looking at a Forced Partition, think about, time, money, headaches and usually a decreased value on what you will get on the property if it is auctioned off on the court house steps, it would no doubt be far better to try to work together and reach a reasonable resolution in order to buy one of you out or agree to sell it. A forced partition will cost you both more time and money and you both will get usually substantially less than you would have received. If there is no alternative then a forced partition sale will ultimately result, this you should make clear to the other party.

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