What are a co-ower’s right to sell?
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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 11 years ago | Contributor
Yes. She would have to bring an action in partition against the co owner. The court would order a sale.
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