how do I sale my house which is half owned by spouse.. not married.

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how do I sale my house which is half owned by spouse.. not married.

My spouse and I are separating and own 2 homes in florida together.. one we occupy and 1 we rentout. it is starting to get ugly and I want my half of the monies of properties.. he says Fk me hes not selling… what do I do here?? please help.. and thank You

Asked on May 14, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no way to sell a property against the wishes of the other half owner without a court order. In a situation like the one you describe, where the property is jointly owned by two spouses who are having marital difficulties, that order should come from the family court, in the context of a divorce proceeding. You should file a divorce action; in that action, the disposition of all joint or marital property, including the houses, can be determinated by the court.


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