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Advice

Discussion in 'Division of Marital Property' started by Annied18, Sep 16, 2018 at 11:02 AM.

  1. Annied18

    Annied18 Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I am not married, however we’ve been together for about 10 years with intentions of getting married and own a home together, no kids. Since we’re not married, I fear that’s where things get complicated. I have invested a great deal of money into the home while he was in and out of work. I put the down payment on the home and I paid for renovations costing about 20k. We’re now separating and he doesn’t want to sell. I do. He says he’ll make sure and give me my share when he decides to sell, but I’m worried he won’t keep his word that he’ll give me back what I’ve invested. I am willing to be the one to leave and walk away, but I also don’t want to lose my investment. He’s also the type of person who is spiteful and will do everything in his power to make this separation as difficult as possible. Can I force him to sell? Can I force him to sign legal papers stating he’ll pay me back my share once the house sells?
     
    Last edited: Sep 16, 2018 at 11:13 AM
  2. adjusterjack

    adjusterjack Super Moderator

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    You, personally, cannot "force" him to sell or sign anything. Only a court of law can do that.

    Google "partition action" and study up. That's what it's going to take.

    Whether you get more than 50% of the proceeds is impossible to predict. You'd be hard pressed to prove that the money you "invested" wasn't just a gift.

    You're about to learn a very expensive lesson about getting financially involved with boyfriends.
     
  3. Annied18

    Annied18 Law Topic Starter New Member

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    Expensive lesson. Right. Thanks. I knew I personally couldn’t force him, of course I meant the law. And there’s no common law marriage in Florida. I’ll do my research, but should I begin searching for an attorney? A divorce attorney? A real estate attorney? I don’t even know where to begin.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    You'll need an attorney that specializes in partition actions. A real estate attorney could probably do it but most of them just do home sales and might not be litigators. Find large law firms with dozens of attorneys and ask for the partition specialist.
     
  5. Highwayman

    Highwayman Well-Known Member

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    You may also want to try speaking to a few divorce attorneys who deal with these types of relationships.
     
  6. zddoodah

    zddoodah Well-Known Member

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    I think what you're telling us is that you and your boyfriend jointly own a home. Correct? If so, does the deed specify that one or the other of you owns more than a 50% interest? Do you have any sort of written agreement governing your joint ownership of the home?

    Yes, by filing something called a partition lawsuit.

    No.

    Obviously, since you're not married, you have no need for a divorce attorney? A real estate attorney would be the way to go, and yes, I think you should seek to at least consult with one.
     

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