In Florida, a partial owner of a property can force the sale of a property by filing a partition lawsuit.
In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage.
In Florida, a surviving spouse automatically inherits the deceased spouse's share of their joint property. If the deceased had separate property, the spouse typically inherits either all of it or a portion, depending on whether there are surviving children and if the deceased left a valid will.
I'm sorry to hear about your situation. No, you could not do that. ing to the Florida constitution, in order to sell or mortgage your home, you must get your spouse to sign the deed or mortgage. This applies even if you owned the property prior to the marriage and even if your spouse's name was never on the deed.
I'm sorry to hear about your situation. No, you could not do that. ing to the Florida constitution, in order to sell or mortgage your home, you must get your spouse to sign the deed or mortgage. This applies even if you owned the property prior to the marriage and even if your spouse's name was never on the deed.
While Florida law does not mandate using an attorney to sell a residential dwelling, consulting a real estate attorney significantly impacts the outcome, so it is best not to go it alone. It can save you from the many pitfalls during the process and beyond.