Legal Question in Real Estate Law in Florida

Title of house is under 2 names, mine and a former friend. i want to sell house, but other party on title moved out of the country. can not reach him at all to ask him for

a power of attorney, an have total control of house. can i sell the house without his consent?


Asked on 8/06/10, 4:18 pm

2 Answers from Attorneys

No. Without his consent you have a problem. If you can't reach him, and he has abandoned the property, you may be able to file suit against him to partition the property, but his half will still go him.

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Answered on 8/11/10, 4:53 pm
Shelly Schellenberg MI & FL private practice

You can't sell the house without one of two things:

1. your friend's consent and power of attorney

2. a court order

So...whether you obtain number 1 or 2 above, your friend may owe you his share of contribution toward fix up expenses, back taxes paid, loan payments, whatever you spent to maintain the property. A real estate attorney can help you to figure out the next step, and apply the law to the specific facts of your case.

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Answered on 8/11/10, 7:16 pm


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