Vero Beach, FL asked in Real Estate Law for Florida

Q: Buying property from seller in Divorce. Defendant wont leave property.

Im buying property from a seller in a divorce situation. One of the parties is refusing to leave home. Seller has filed multiple motions in court. Court requires a POA and a neutral 3rd party witness for Defendant's signature. Seller has lead me to believe this would close quickly but it has not. I need to assess the docket with me, see what is the truth and real scenario and my options. If the defendant remains in the home I need to know what type of battle I will be facing to evict them (their name is on the deed)

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1 Lawyer Answer
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Florida

A: Without a court order, you cannot purchase the property. You definitely cannot purchase the property from only one party, especially if it is marital, homestead property. You cannot force one party to sell during the pendency of the divorce either. If you are using a real estate agent, this would be the time for them to speak with the divorce attorney(s) and figure out a path forward. If you are not using a real estate agent, there are brokerages that specialize in difficult legal situations like this. Check out the brokerage, AREA - Attorney Real Estate Associates, LLC or feel free to reach out to me for a free consultation.

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