My parents are deceased and my brother and I have joint ownership of the home we're are looking to sell the home is currently rented out, the loan is not in either name but we have gone through Probate and added our names on the deed, the home is currentl
Asked by Anonymous | Bradenton, FL| 08-11-2021| 793 views|Selling|Updated 3 years ago
Selling a jointly owned property in Florida requires all owners on title to sign the listing agreement and the closing documents. There is no legal mechanism to sell a jointly owned property over the objection of one co-owner without court involvement.
In Inverness and throughout Citrus County, Florida, joint ownership situations vary widely: married couples, siblings who inherited a property together, former partners, or investment co-owners who have divergent exit timelines. When all parties agree, the process is straightforward. When they do not, the party who wants to sell may need to pursue a partition action in Florida circuit court, which compels a forced sale of the property.
The most cost-effective path is always a negotiated resolution among the co-owners before the property hits the market. A real estate attorney can help structure a buyout, a delayed sale timeline, or a cost-sharing arrangement for the holding period that gets all parties aligned. The partition process is expensive and slow, so it is a last resort, not a first move.
Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners
If multiple people own the property, all owners must agree to sell and sign the listing and closing documents. If one party disagrees, you may need legal mediation or a court-ordered sale (called a partition action). A real estate attorney and your agent can help navigate this process smoothly.
So if you have gone through probate and you are now listed on the deed that part should be good. Have you contacted the lender? several things can happen. 1. They can call the loan in full since you are not on the loan. 2. Keep paying the loan the taxes and insurance while you try to sell the home. 3. The lease, when does the lease expire? You might want to have an RE attorney review it for you. If the lease is set to expire, you must send them notice of non-renewal depending on what the lease states. If it is silent to that, then 30 days. If they are on a month to month lease and the lease does not state how long, then 15 days notice is required by either party. If you you can work with them while you are trying to sell, it might be easier overall. What ever you do make sure your attorney agrees, or it can be a nightmare.
I wish I could answer your concerns. But, the question was not completed. I would suggest contacting a real estate attorney in your area for advice on how to prepare the dead to list.
Working with an experience Realtor can help you navigate the tenants rights, preparing the home to sell, pricing it well and marketing it for maximum exposure. I have a list of vendors, from movers to cleaning crews. Tenants have rights and it's important to know what they are and how they pertain to your situation, what repairs( if any) that add value to the home and most importantly, a Realtor who understands how hard this has been for you and answers all your quaetions!