| Partition Action involving a lock out What is the name of your state? Florida
My issues is that I co-own a porperty with someone else, I put down the initial down payment and paid for all the closing costs the other person did not. We are on the deed as joint tenants in common with rights of survivorship. The other person did not put down a cent. The other person took out the mortgage on the property and took all the right offs including insurance, taxes and interest on the mortgage. We were co habitating in the property for 5 yrs the first 3 yrs i paid half the mortgage payments as well as half the utilities and misc up keep. The last two years the other person paid the bills, however during the last two year we started a business together and the other person took money out of the business to pay the bills. (we had a joint account that the bills were paid from)
The issue is that for the last two years the other person has locked me out of the house and has freely admitted it and has paid all the bills on the house. The other person says that I owe them for these bills, I have tried to gain entry to the house, I never moved out, I still have my belongings there including furniture.
I understand that in Florida equity must be determined, if this is the case then if i attribute a percentage equity to my initial down payment I would have the second most equity in the property besides the bank and I was also told that since the other person locked me out of the property they are responsible for the bills and upkeep on the property and i am not responsible for any bills ie mortgage and utilities.
What I would like to know if the equity theory is true in Florida based on two non married people owning property and that since they locked me out what are my rights and liabliities. (the person who locked me out is filing for a partition action)
Thanks |