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Can You Evict a Co-Owner of Property or Force the Sale of the Premises

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  • 11-02-2017, 01:57 PM
    littlesis
    Can You Evict a Co-Owner of Property or Force the Sale of the Premises
    My question involves real estate located in the State of: Florida.
    My brother and I inherited a condo. I had been living in the condo for 4 years prior to inheriting. My brother came to stay for a few weeks after the death and has never left (3 yrs).
    The condo is owned outright, however, my brother refuses to pay association fees, insurance, taxes, electric, etc. He no longer works and I'm tired of supporting him. Can I evict him or, if I can't evict him, can I force the sale of the condo since he has no means of buying me out?
  • 11-02-2017, 01:59 PM
    PayrolGuy
    Re: Can I Evict a Co Owner or Force the Sale of the Property
    Then you buy him out.

    I doubt you can evict him because he doesn't owe you rent and you have no agreement between you that he would pay any of the things you mentioned.
  • 11-02-2017, 05:20 PM
    jk
    Re: Can I Evict a Co Owner or Force the Sale of the Property
    Quote:

    Quoting PayrolGuy
    View Post
    Then you buy him out.

    I doubt you can evict him because he doesn't owe you rent and you have no agreement between you that he would pay any of the things you mentioned.

    There doesn’t need to be an agreeembt that the costs based on ownership of the property be shared. It’s split between the two of them.

    It still wouldnt allow op to evict his brother as each owner has a right of possession. He can sue for the money owed.
  • 11-02-2017, 09:20 PM
    Mr. Knowitall
    Re: Can I Evict a Co Owner or Force the Sale of the Property
    It does not automatically flow from co-ownership that all expenses relating to a property are divided equally between the co-owners.
  • 11-03-2017, 12:53 AM
    llworking
    Re: Can I Evict a Co Owner or Force the Sale of the Property
    Quote:

    Quoting Mr. Knowitall
    View Post
    It does not automatically flow from co-ownership that all expenses relating to a property are divided equally between the co-owners.

    While that is true, there are certain things that all owners are equally liable for...such as property taxes and association fees. So, if the OP was not paying those, the HOA and the taxing authority would be going after both of them.
  • 11-03-2017, 03:46 AM
    jk
    Re: Can I Evict a Co Owner or Force the Sale of the Property
    Quote:

    Quoting llworking
    View Post
    While that is true, there are certain things that all owners are equally liable for...such as property taxes and association fees. So, if the OP was not paying those, the HOA and the taxing authority would be going after both of them.

    Actually the HOA and taxing authority do not go after anybody. They levy the fee/debt and send dunning notices to whomever is on record as the responsible party.
  • 11-03-2017, 08:10 AM
    budwad
    Re: Can I Evict a Co Owner or Force the Sale of the Property
    The taxing authority doesn't care who owns the property or who pays the taxes. All their actions are against the property itself. Don't pay the taxes for 12 months and it goes to tax sale.
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