Legal Question in Real Estate Law in Florida

Help, we need to leave!

My mom and uncle both share ownership of a house. My uncle often travels outside of the US about nine months out of the year and leaves my mom paying the majority of the house. She has become tired of this and has often attempted to talk to him so they can come to an agreement on selling the house but he always refuses. We'd like to get out of this situation as soon as possible due to deteriorating conditions in both the house and our relationships with each other. Please help!


Asked on 10/03/07, 2:26 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Help, we need to leave!

Retain me to start a partition action to compel a sale with a credit for your expenses. Good luck.

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Answered on 10/03/07, 4:32 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Help, we need to leave!

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the parties can no longer work together and cannot agree on an equitable division of the property, then one of them should file an action for partition of the property. The court will generally give one or the other the right to buy the other's interest. Failing such, the property will be placed for sale to a third party with the proceeds distributed according to the court order. Your mother can ask to get reimbursed for any inequitable payment of the expenses to maintain the house in your uncle's absence.

Scott R. Jay, Esq.

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Answered on 10/03/07, 11:09 pm


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