Sale of home, joint ownership, not married

UPDATED: Oct 1, 2022

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Sale of home, joint ownership, not married

I own a home in FL with my boyfriend of 22 years. He is living in another state with his new girlfriend. We have the home for sale by owner right now. I need to move back to PA with my family. Can I leave the home and still get my share? I have someone who will watch it and do showings for me.

Asked on August 18, 2018 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you are entitled to a share of the proceeds or equity due to the fact that you are an owner of it (you write that it is "jointly" owned). Your presence or active involvement in the sale process is not necessary; it is your ownership that entitles you to a share of whatever the sale brings in (though first any costs of sale, any mortgage, any HELOC, and any other liens on the home must be paid).

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 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.

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