Purchase and Sale, Real Estate/Lending, Time for Court

Florida Property Partition Lawsuit 

Florida Property Partition Lawsuit 
Florida Property Partition Lawsuit

What exactly is a Florida Property Partition Lawsuit? Well, before you and the co-owner of your property get into the boxing rink, please read this blog on partition lawsuits.

In Florida, if you’re a co-owner to a piece of real property, you have an absolute right to seek a partition action which is a lawsuit in the county where the property is located wherein it is requested upon the court to determine how best to dispose of the property amongst its owners.

When Do Partition Lawsuits Typically Occur?

Often times you see Florida partition actions when a boyfriend and girlfriend co-own a piece of property together and their relationship ends. One party wants to stay in the property, the other party wants out. Other typical partition actions occur between family members who own a piece of property or receive property through inheritance and can’t figure out how to manage or dispose of the property and sometimes you see partition actions when a business relationship takes its course and comes to an end.

Usually the breaking point is when ONLY one owner is:

  1. Occupying the property;
  2. Paying the mortgage;
  3. Paying property taxes;  or
  4. Collecting rent.

Florida Law

Florida Property Partition Lawsuits are governed by Florida Statutes, Chapter 64. Some of the notable part of this chapter are as follows:

64.022Venue.Partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.

64.031Parties.The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.

64.041Complaint.The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands according to the best knowledge and belief of plaintiff, the quantity held by each, and such other matters, if any, as are necessary to enable the court to adjudicate the rights and interests of the party. If the names, residence or quantity of interest of any owner or claimant is unknown to plaintiff, this shall be stated. If the name is unknown, the action may proceed as though such unknown persons were named in the complaint.
Once an action is filed with the Court, the Court must look and ultimately decide if the property can be divided and each owner receives a portion of the property OR if the property should be sold and the proceeds be divided between the parties.
Although our office always encourages settlement and negotiations in order to maximize profits when the property is sold, it is not always an option and a Florida Property Partition Lawsuit will need to occur. Our West Palm Beach Partition Attorneys @ The Law Office of Ryan S. Shipp, PLLC are here to assist with all of your West Palm Beach real estate needs. Call us today @ 561.699.0399 to see how we can assist. Our office is located in Lantana, Florida. We serve South Florida.
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