Legal Question in Real Estate Law in Florida

LGBT 25 year relationship in Fla ending (no same sex marriage laws).

I am the mortgage holder and both on deed. I want to sell as is and split what we get above the mortgage balance or let it go into foreclosure to get out.

She wants to remain living in the house.

Fixing the place and selling for market value is not an option for me.

She is refusing to leave and has moved roommates in now(within a week) to help keep paying the mortgage.

I am on my nephews couch, looking forward to my own apartment soon.

What can I do, what are my options?


Asked on 8/06/14, 9:57 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You can bring an action in partition, where the court will force a sale.

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Answered on 8/06/14, 10:07 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Seek some legal guidance with the paperwork. If both names are on the deed, than you have no choice but to file a partition action to force the sale.

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Answered on 8/06/14, 12:19 pm


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