Saint Petersburg, FL asked in Real Estate Law for Florida

Q: what happens when a piece of real estate was left to 6 adult siblings and only four have signed a document to sell it.

The house is rented and four want to sell it. Can the sale happen with a majority or does everyone have to be on board?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
  • Orlando, FL
  • Licensed in Florida

A: No, it cannot, it requires a forced partition action, this involves the court, time, effort and money, everyone will be better served if you reach some sort of an agreeable arrangement amongst yourselves, if not, the partition action is what you will have to look into. The sale cannot happen unless all agree and sign, be sure they are all on the deed and you actually need them all.

Seril L Grossfeld agrees with this answer

Vincent Gallo
Vincent Gallo
  • Staten Island, NY

A: You need all six (6) owners to properly and completely sell the real estate, absent a court order, exacted through a partition action.

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