Legal Question in Real Estate Law in Florida

Partion of Property

I jointly own property in FL and the co owner has defaulted on his tax and mortgage payments for several years.

Our agreement states that if either party defaults, the defaulting party forfeits their interest in the property to the other party.

The other party however claims that this clause is invalid and really a penalty under FL law. Are they right?

Should I pursue forfeiture in Court? Would partition be more enforceable?

Thanks


Asked on 9/06/07, 7:15 pm

2 Answers from Attorneys

Johm Smith tom's

Re: Partion of Property

You will need to sue to enforce the contract terms, which aren't for partition. If the provision isn't enforceable, then you could seek partition.

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Answered on 9/06/07, 7:26 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Partion of Property

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.

You can actually sue for both enforcement of the Contract and in the alternative for partition. A court could then review the pleadings and the cases provided and make a determination as to which count would be proper .... if not grant both.

Scott R. Jay, Esq.

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Answered on 9/07/07, 1:02 am


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