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Takincare,

Thanks for sharing this info. NYDaughterInLaw also mentioned that forced selling is perfectly legal in Florida.

Sounds very sensible and practical in certain situations.

I wish Louisiana would have had this law of forced selling when my parents wanted to buy the lot next door.

When my father inquired about buying it, he found out that it belonged to more than one person and they couldn’t locate all of the owners.

One of the owners was willing to sell but couldn’t sell the property without having permission from the other one.

Several people wanted to buy that property but the title was never cleared to sell which is a shame, it is in a prime location. I drive by it occasionally and it still sits vacant without a house built on it.

Location does make a difference. State laws will determine what is legal for that area.

As you said, she should sell it and move forward in her life.
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Takincare Dec 2020
Thank you. If OP does go ahead with partition order,she shouldn't have a problem selling the home. According to my mom and dad, homes are selling before even hitting the MLS system and for very good prices, it's a sellers market down there right now, many going for over list price or at least full asking.
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Mom can not be "thrown in the streets." H-O-M-E-L-E-S-S

It is Mom's H-O-M-E.

No one can sell it from U-N-D-E-R her.

Not even her D-A-U-G-H-T-E-R.

Not even with a P-A-R-T-I-T-I-O-N.


It clearly states in the OP post that the sister plans on placing mom back into her "home".
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worriedinCali Dec 2020
Educate yourself. I’ll throw you ANOTHER BONE. A portion action FORCES the sale of a jointly owned property. It is the COURT ordered sale of the property. The OP will win if she goes this route because of her mother’s circumstances.

Florida’s statute on this http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html
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My husband's best friend's sister is a "judge."

I think I will have a coffee break with her and chit chat on this very subject. Would love a deeper conversation with her.
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worriedinCali Dec 2020
Sure Jan. The nose gets longer and longer everyday.
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Another avenue is for you to call mom's facility and ask for a meeting with the social worker, business office manager and the facility administrator. Explain clearly that you are not poa, however you have been informed that sister is planning on dropping mom at your home. Make it clear that you are not able to be her 24x7 caregiver, that she would not be in a safe environment. These professionals have dealt with Medicaid issues, including look back penalty periods. The state may end up taking control of mom and everything to do with her care. They will want mom's share of the house sale proceeds for her care as is only right as they will now be in charge. Facilities have been dealing with look back issues for a long time. This is also a part of their demanding job. My daughter is the one who suggested you contact them, she was an administrator for al facility at one time, that way if sis does "dump" mom off for you to care for there is already knowledge about the situation. Aps call if she does, poa dropped mom at home without setting up a care plan for LO, knowing it was an unsafe environment.
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The OP can go to court all she wants to but "by law", if mom wants to move back into "her home" the judge certainly WILL NOT tell her NO.

How STUPID does/would it sound for a judge to tell a vulnerable person they "don't have any rights" to move back into their own home?
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AlvaDeer Dec 2020
Hailey, I own a rental unit. It is MINE. But I cannot move into it without moving out the tenant. In San Francisco that is on the face of it impossible due to laws protecting renters and occupiers of real property. Basically, landlords here who even want to LEGALLY move in family often ante up 1,000s of dollars to get their OWN UNIT in their OWN BUILDING back.
Another thing you may not understand is if the Mother is dropped off at this place, the Sister who is co owner can FORCE THE SALE of the entire property, take her half of the money, and waltz on off, leaving Mom sitting with her half of the funds.
Laws vary by State. It is great to have an opinion, but I would take care in holding one's self out as an expert on real estate or anything else.
And Judges do not change the law on the basis of vulnerability. They rule by the LAW as it is written.
I do believe I see another "Can my Mom have a glass of wine" thread coming, with us arguing it endlessly. I would say OP should call a realtor and ask about forcing sale of this property under the law. Take her half and let Mom and Sis have the remaining half of the money. Their argument will likely otherwise be as unending as our own.
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Without name calling, My dad "owns rentals" as well.

However, I am not speaking of moving a "tenant" out of a rental.

I'm speaking of "selling a home out from under a mom" leaving her homeless.
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AlvaDeer Dec 2020
The Mom would have half of the proceeds of the sale of the home. The sale will be forced only if Sister continues her threats. The Mom can move back with sister, or take the proceeds of the sale of the home and rent an apartment or go into ALF.
Hailey, it doesn't matter what you believe to be moral in this situation. It matters what the law is. If two unmarried people own a home together EITHER of them can force a sale at any time and for any reason, even if they don't care for the color the other dyed his or her care. That is simple law. The law doesn't look at age, race, creed, color, mobility or anything else.
And no, of course no one is "name calling", unless you mean addressing by name, which certainly is not a problem.
I can't know the reason this home was bought originally by a mother and a daughter together. There are more than a few reasons this isn't a great thing to do. But one of them is the fact that at any time, for any reason, one or the other can force the sale of the home.
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Takincare,

Very well said! Thanks for being a voice of reason.

Ultimately, it all falls on the POA. She accepted the position of being POA, therefore she needs to carry out her responsibilities, instead of trying to dump it in her sister’s lap! I wholeheartedly agree with you that she can house her drunk mom, since she is the POA!

Her sister lived with her for a year and knows better than to go through that again! I’m with her, I would force the sale rather than live with ‘Mommie Dearest’ again!

Fortunately, it appears that her sister isn’t falling prey to her intimidation. She is smart to want to sell the home, get married and move forward in her life. She is not objecting to giving her mom her fair share of the sale of their house.
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Not sure what the back and forth is about but OP hasn't been back since Tuesday. Guess she has the info she needs.
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Countrymouse Dec 2020
Let's hope so!

Sigh.
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Wish people would avoid knee jerk reactionary comments and just walk away.
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haileybug Dec 2020
gladimhere

Thank you so much for this good advice. Such a great reminder for myself.

Again, thank you for good advice.
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Hey FLcrazy,

I live in FL too, and also own property with my mother. The difference is that is where she lives, and I live in a separate place next door.

I'm only chiming in because I wanted to clarify for you that you can sell the property, and so can your mom. The best thing would be for you to use a local real estate agent with zero bias and get the townhome listed ASAP. Hopefully it sells fast, and then divide any profit in half with your mom. Hopefully the money will enable her to stay in the ALF where she needs to be. When that runs out your sister can get her on Medicaid. I hope you can talk to your roommate and they agree to move. This seems like the plan you wanted? Well, you can do it. You don't need your sisters approval.

If for whatever reason your sister does not agree to the terms of the sale as POA (and your mother is not competent to sign), or whatever, and an action for partition with the court is needed, that will be more costly due to attorney fees, and you will likely make less money on the sale because IF the court orders the sale it goes to auction. Those tend to be sold under FMV.

Hope that helps, and I also hope you come back and update us. Good luck.
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I hate to say it but I think you need to do two things. First, contact the Office on Aging in your county for general information. Second, immediately seek out an eldercare attorney to help you - this is very complicated and I sense you are going to need an attorney to step into this situation. I think it is horrible that someone just dumps this on you when you have to work. Good luck and keep us posted.
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