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  1. #1
    knippeme Guest

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    Partition Laws in Florida

    8 years ago my wife and I purchased a Florida condiminium with a "friend" of mine. During the first 7 years we split the mortgage and the common expenses for utilizing the condo facilities. We spend two weekends there a month. He has been living in California and had planned on visiting more often but only comes in town for about 1 month in the summer. A year ago he decided he wanted out. He says because he doesn't use it that we should get rid of it. We offered an equitable adjustment which he refused. He no longer pays association dues and hasn't paid his mortgage (1/2 direct deposit) payment in 6 months. He has since filed a petition and sought a lawyer who insists that we put the condo up for sale and split the equity/profit. We do not want to sell the condo and have sought legal help. However, the case is obviously going to flood the court systems and this may go on for over a year. As far as the contract goes, there was no listed buy-out clause. We are looking for other options and fear that we may be headed for court or mediation/arbitration. I have searched for answers under Florida real property laws and partition of property. I have yet to find any real answers. My lawyer is pushing for arbitration but don't we have a real leg to stand on? Co-inhabitants have just as much right to the condo. If he chooses not to use it, shouldn't he be forced to sell his 1/2 on his own.

  2. #2
    HomeGuru is offline Senior Member
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    <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by knippeme:
    Partition Laws in Florida

    8 years ago my wife and I purchased a Florida condiminium with a "friend" of mine. During the first 7 years we split the mortgage and the common expenses for utilizing the condo facilities. We spend two weekends there a month. He has been living in California and had planned on visiting more often but only comes in town for about 1 month in the summer. A year ago he decided he wanted out. He says because he doesn't use it that we should get rid of it. We offered an equitable adjustment which he refused. He no longer pays association dues and hasn't paid his mortgage (1/2 direct deposit) payment in 6 months. He has since filed a petition and sought a lawyer who insists that we put the condo up for sale and split the equity/profit. We do not want to sell the condo and have sought legal help. However, the case is obviously going to flood the court systems and this may go on for over a year. As far as the contract goes, there was no listed buy-out clause. We are looking for other options and fear that we may be headed for court or mediation/arbitration. I have searched for answers under Florida real property laws and partition of property. I have yet to find any real answers. My lawyer is pushing for arbitration but don't we have a real leg to stand on? Co-inhabitants have just as much right to the condo. If he chooses not to use it, shouldn't he be forced to sell his 1/2 on his own.

    <HR></BLOCKQUOTE>

    You should go to mediation or just negotiate to buy him out.

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