What are a co-ower’s right to sell?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are a co-ower’s right to sell?

My brother is divorced and in the divorce settlement, it gives the rights for his ex-wife to stay in the house until their son reaches age 18. However, my aunt owns half of the house and is the one paying the mortgage with her being the sole individual on the note. She is getting old and wants to sell the house and pay off the debt. Does she have any rights to get the ex-wife and kids out of the house and sell?

Asked on July 31, 2012 under Real Estate Law, Florida

Answers:

david slater / david p.slater, esq.

Answered 8 years ago | Contributor

Yes. She would have to bring an action in partition against the co  owner.  The court would order a sale.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption