Florida Partition Action
When you jointly own a property with one or more co-owners, disagreements can arise over the property’s future. You may wish to sell the property, while the other owners may insist on holding onto the property longer.
Sometimes these disagreements can be settled with one side buying out the other. However, this is not always an option. When neither side can buy out the dissenting party, another option is to enlist the aid of a partition action lawyer in Florida. We’ll work with you to resolve the disagreement in an equitable manner that works for all parties.
Partition Lawsuit Florida
The legal team at The Law Offices of Travis R. Walker, P.A. is ready to help you with your partition lawsuit needs. Our team of real estate attorneys in Stuart, Florida is prepared to help guide you through the challenging landscape of property law.
Our skillful and dedicated lawyers have secured millions of dollars in settlements and verdicts for our clients. Our clients appreciate us for our aggressive representation, compassionate communication, and relentless pursuit of justice.
Travis Walker Law clients describe our team as:
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Have questions about the process? We’ll take the time to answer your questions and explain how partition actions work in our state. Our skilled Florida partition action lawyers guide you through the legal process while keeping you informed of developments related to your lawsuit.
What Is a Partition Action?
A partition action is used to force the sale of property you jointly own with another party. Florida law states that, as a co-owner of real property such as real estate, you may file a lawsuit against your co-owners if they cannot agree on how to continue the group’s co-ownership of the property.
At Travis Walker Law, our partition lawyers generally encounter partition action lawsuits when one co-owner of real estate wishes to sell the property, but the other co-owners prefer not to sell. A partition is a division. In some cases, the sensible solution is to divide the property to allow each co-owner to sell or not sell as they choose. Other times, it could violate a co-owner’s right to partition the property.
Regardless of whether you wish to bring a partition action or defend against a co-owner’s action, we can help. The legal team at Travis Walker Law offers top-of-the-line partition action services in Stuart, Florida.
How Much Does a Partition Action Cost in Florida?
The cost of partition actions in Florida varies based on several factors, such as the value of the property in question and the complexity of the disagreement.The best way to accurately assess your potential partition action costs is to speak directly to a Florida partition action attorney regarding your situation.
Who Pays for a Partition Action?
It depends on the scenario.
When one co-owner wants to sell a property, and the other does not, one option is to have one party buy out the other. If a buyout is feasible, the partition establishes the price to be paid and the rightful asset division between the parties. However, this is unrealistic if neither party can afford to buy out the other co-owner or co-owners.
When a buyout isn’t possible, the property is put up for sale, but there is no guarantee that anyone will buy the property promptly. Once the property sells, the party fighting for the partition can request the court to award lawyers’ fees and costs from the sale of the property per Florida statute.
How to File a Partition Lawsuit
If you are curious about how to file a partition lawsuit in Florida, a local partition action lawyer can help guide you through the process. When filing a partition lawsuit, one must:
- Be one of the property owners
- File the lawsuit in the county where the land is located
- Include specific details in your complaint, such as each owner’s name, their share of the property, a property description, and each owner’s residential address
How Does a Partition Lawsuit Work in Florida?
Once you or your attorney file the complaint, you must prove that you are entitled to a partition of property that can be divided between the owners. Next, you will need a court to partition the property. The court will send commissioners to divide the property appropriately. They will file their report detailing the division with the court.
If you object to the report, you have 10 days to file your objection. Otherwise, the court will divide the land as recommended in the commissioners’ report.
When Is a Partition Action Necessary?
The most common time to employ a partition action is when you want to sell your property, but your co-owner does not agree.
The Florida court ensures that your asset is divided fairly between you and the other co-owners. You can exercise your rights while ensuring that all the co-owners of your joint property are treated fairly under Florida law.
What Is the End Result of Partition Action?
It depends upon the property and the number of shareholders involved.
For example, if the property is a single-family home with three equal shareholders, there is no way to divide the home physically. Instead, this partition action will likely result in the home being listed for sale on the open market. If the property sells for $600,000, each shareholder will receive an equal share of $200,000.
You can also object to a partition action because the market is unfavorable, and you feel that waiting to sell the property would be more beneficial for all parties involved. In this case, a partition action attorney may attempt to resolve your dispute through alternative measures.
Florida Partition Statute
The Florida partition statute is documented under Florida’s Title VI Civil Practice and Procedure, Chapter 64. [FL Statute: ]
These sections can shed light on Florida’s partition action laws. A Florida real estate lawyer can answer your partition action questions.
Contact Travis Walker Law — Your Partition Action Lawyers in Florida
The legal team at Travis Walker Law is ready to help you with your partition action. Filing a partition lawsuit doesn’t need to be stressful or challenging when you have seasoned professionals on your side.
Contact the experienced team of family law attorneys at Travis Walker Law.
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- Call our office or complete our contact form and set up an intake call with our Intake Coordinator.
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