What exactly is a Florida Property Partition Lawsuit? Well, before you and the co-owner of your property get in the boxing rink, please read this blog.
In Florida, if you co-own a piece of real property, you have an absolute right to seek a partition 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 they Occur?
Often times you see these types of 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:
- Occupying the property;
- Paying the mortgage;
- Paying property taxes; or
- Collecting rent.
Florida Property Partition Lawsuits are governed by Florida Statutes, Chapter 64. Some of the notable part of this chapter are as follows:
64.022 Venue.—Partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.
64.031 Parties.—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.