New Port Richey, FL asked in Real Estate Law for Florida

Q: A resident with FL Homestead; the deed states joint-ownership with right of survivorship. What are my rights?

I am a resident homeowner with FL Homestead however, the deed states joint-ownership (Mother) with right of survivorship. The deed was recorded in 2012. The property was originally part of a relative's estate. The mother does not reside at the property. An uninvolved party (claiming a POA) is attempting to force the sale of this property due to the mother's current financial situation. Can a sale be forced? and if so what share/compensation will the resident be entitled to?

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

A: 50% if they are equal owners as you have stated. Forcing the sale is not easy, they will have to pursue a partition action, for your purposes, you should try to work something out, agree to sell, buy them out, whatever the case might be other than partition, because forced partition will take time, effort and money and just cost you both more with attorney fees, costs, real estate related costs and so forth, so finding agreement and middle ground you can live with is far more efficient and cost-effective, otherwise you are dealing with attorneys and related costs and you both ultimately just end up with less and the outcome is similar but usually worse in that you have lost substantially more money by then usually. Whether the POA part really has any say or authority at all would have to be determined as well, and that is potentially another fight, battle, litigation and headache.

Jane Kim agrees with this answer

Jane Kim
Jane Kim PRO label
  • Naples, FL
  • Licensed in Florida

A: Sounds like the other owner wants to sell and your mother refused, so s/he instituted a partition action.

Yes, they can do that. No one can keep anybody in forced ownership of a property.

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