Selling a house “as is” means that you are selling it without making any repairs. It also means that you list it at a price that takes into consideration it’s “as is” condition. There are many reasons that people want to sell a house as is. However, if you and your sibling both inherited the house resulting in you being co-owners, you cannot sell the house as is without the permission of your co-owner. Not surprisingly, co-owners do not always agree on what to do with co-owned property. While you may be eager to sell the house quickly for cash, your co-owner may prefer to make some renovations and then sell it or even keep it. When co-owners cannot agree on what do with a house, the best thing to do might be to sever the co-owning relationship. Contact the Palm Beach County partition lawyers at Stephen Bilkis & Associates to discuss partition as an option for how to go about selling the house a house as is when the co-owner refuses.
Getting a Court OrderIf you want to sell co-owned property as is, but the other owner does not, filing a lawsuit to force the issue is an option. However, before taking that step, giving your co-owner the opportunity to buy you out may save you from the time and expense of litigation. If your co-owner wants to keep the house and renovate it rather than selling it as is, they may be willing to buy out your interest leaving them with the flexibility of disposing of the property the way they want.
However, if you are unable to work out a buyout arrangement with your co-owner, Florida law allows you to force the issue through a lawsuit called an action for partition. Through an action for partition, the court can dissolve a co-owning relationship either by dividing the property into separate individually owned portions or by selling the property.
To initiate an action for partition, any owner can petition the court by filing a complaint. The complaint must be filed in the Florida county where the property is located. All parties with an interest in the property must be named along with their address and their percent interest in the property. An experienced partition attorney in Palm Beach County can help with this process to make sure that your complaint meets all of the statutory requirements.
If the court issues a judgement for partition, it will determine whether the property is divisible. A single family house is not likely to be divisible as there would not likely be a way to divide the property in a way that is fair to both owners. If the property cannot be divided, the court will order it to be sold at the highest possible price and the proceeds from the sale will be divided between the former co-owners according to their interest in the property.
Because partition is a type of litigation, it may be seen as a contentious proceeding. It does not have to be. The purpose of a partition proceeding is to make a legal, binding determination of the interests of all parties in the property and to resolve disagreement as to what should happen with the property. At the end of the proceeding, while everyone may not get exactly what they want, the parties will no longer be co-owners.
Contact Stephen Bilkis & AssociatesIf you have a house in the Palm Beach County area and have questions about the how to sell a house as is when the co-owner refuses, contact an experienced partition attorney serving Palm Beach County at Stephen Bilkis & Associates. While the process can be complicated, we will help you make the it as painless as possible under the circumstances. Contact us at 561-710-4000 for a free no obligation consultation. We represent clients throughout the following areas: Palm Beach County, Dale County, Fort Lauderdale, and Miami.