Legal Question in Real Estate Law in Florida
Partial Owner Refuses to Step Aside
Registered Deed on File states 50/50 ownership. I have Certificate of Title showing sole ownership of motor home. I have paid all taxes and insurance - no mortgage. 1/2 owner refuses to pay 1/2 of paid bills. I sent letters requesting payment and stating authorized ownership. I originally agreed to settle and buy him out until I found out I am sole owner of motor home. He wants to buy me out for $20K. He still owes over $10K on paid bills. Total land and motor home is $80K per title office in Florida. I am paying all monthly fees since 2006. I don't want to give him any money. I don't have attorney. Live in Massachusetts - property in Florida. Question: Received letter from his new attorney in Juno Beach, Florida giving me one week to resolve matters regarding partition proceedings. What do I do???
The land/property ownership was stated to his Massachusetts lawyer a few months ago. I do not want to sell out to him. Only met him 2 times and have no verbal communication. We have been partial owners since 1993. My mom was Tenant At Will and passed away in 2006. Original owner passed in 1993 (married my mom). I paid all bills upon her passing.
2 Answers from Attorneys
Re: Partial Owner Refuses to Step Aside
You will need to retain counsel in Florida since the court will have to determine rightfull ownership as well as a equitable liens for expenses. Depositions will be necessary.good luck.
Re: Partial Owner Refuses to Step Aside
You own the home not the pad. You need a FL attorney, since the law in FL may be different than in MA. He is entitled to half the value of the pad, less any taxes etc paid by you on the property under MA law. If the motor was rented who got the rent, if not, who has used the property since 2006.
He is entitled to half the value of the land less 1/2 the taxes absent knowing who has used the property over what period of time since 2006 and for what.
You will either have to buy him out or the land will be sold without the motor home, which you will either have to sell or move somewhere else.
Good Luck.