can i sell my half of home

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can i sell my half of home

my mother and i own equal amount of home no mortgage involved she has taken
possesion of home and i want to sell my half can i

Asked on November 28, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you may sell your interest in the home. That is not physically half the home, but you could sell your 1/2 interest in the entire home. The buyer would then be co-owner with your mother and have the right to use and possession (e.g. to move in or move someone, like a family member, in; all owners have equal rights to access, use, and possession), or to seek a court order for "partition" ordering that the home be sold and the proceeds distributed, which is the legal recourse for when the co-owners of real estate cannot agree as to what to do with/to it. You also have those same rights: you can move in (or use it for storage; rent out a room; etc.) or bring a legal action for partition to force the home's sale--if you want to expore that last option, you are advised to consult with a real estate attorney.


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