Representing Clients in Partition Actions
If you own property jointly with another person and want to divide that real estate, you may need to consider a partition action. Under Chapter 64 of the Florida Statutes, certain co-owners of a jointly held property may have the right to file a partition action in order to ask the court to partition the property. Depending upon the nature of the property, Florida law allows a court to order a sale when property cannot be partitioned in kind, or the property can be partitioned in kind so that a co-owner can sell one or more of the distinct parcels of land. To learn more about how an experienced Florida real estate attorney can help with partition actions, you should get in touch with one of our attorneys for more information.
What is a Partition Action?
A partition under Florida law is an action to force a division or sale of jointly owned property. In Florida, there are two kinds of partition actions that can occur according to the Florida Statutes:
- Partition by sale, which refers to a court-ordered sale of the property through an open-market sale, sealed bids, or an auction; or
- Partition in kind, which refers to the division of the property into physically distinct and separately titled parcels.
When a property cannot be partitioned in kind, a court typically will order a partition by sale. If you have questions about whether your real property is likely to be eligible for being partitioned in kind or if the property will have to be partitioned by sale, an experienced Florida real estate lawyer can help.
Reasons to Partition Property
Why would co-owners of jointly owned property want to move forward with a partition action? Generally speaking, when there are two or more owners of a piece of real property and those parties cannot agree about what to do with the property, a partition action may be appropriate. Partition actions are common following inheritances in which two or more parties inherit real property.
How the Partition Process Works
While the process for petitioning property may vary slightly depending upon the specific circumstances of the parties who jointly own the property and the characteristics of the real property, the following are the general steps that are likely to occur in a petition action:
- Written demand sent from one of the co-owners of the property to the other co-owners of the property, requesting that the property either be sold (with the profits shared) or divided into distinct parcels;
- Filing a partition action when the co-owners cannot reach an agreement about selling or dividing the property;
- Co-owners of the property will file a written answer after receiving information about the partition action petition;
- If the court finds that a partition action is appropriate, it will enter a judgment of partition;
- Court will appoint commissioners to determine the appropriate partition of the property, and the commissioners will file a written report recommending that the property be partitioned by sale or in kind, with specific details; and
- Court can order a partition by sale or a partition in kind depending upon the characteristics of the property.
Contact a Partition Action Lawyer
Do you have questions about partitioning property? One of our partition action lawyers can speak with you today. Contact Gilbert Garcia Group, P.A. to learn more.