A partition action is a legal proceeding in which the ownership of real property (such as land or a building) is divided among co-owners. In Florida, partition actions are governed by Chapter 64 of the Florida Statutes.
Partition actions are often used when co-owners of real property cannot agree on how to divide the property or how to use it. For example, one co-owner may want to sell the property while the other co-owner wants to keep it. In such a case, a partition action may be necessary to determine how the property should be divided or sold.
In Florida, a partition action can be initiated by any co-owner of the property. The co-owner must file a complaint with the court and serve it on the other co-owners. The court will then hold a hearing to determine how the property should be divided or sold.
There are two main types of partition actions in Florida: partition in kind and partition by sale. Partition in kind involves physically dividing the property into separate pieces, with each co-owner receiving a specific portion. Partition by sale involves selling the property and dividing the proceeds among the co-owners.
If the co-owners are unable to reach an agreement on how to divide the property, the court may order a partition by sale. In such a case, the property will be sold at a public auction, and the proceeds will be divided among the co-owners according to their ownership interests.
It is important to note that partition actions can be complex and costly, as they involve legal proceedings and may require the involvement of attorneys and other professionals. Co-owners are encouraged to try to reach an agreement on their own before resorting to a partition action.
If you are a co-owner of real property in Florida and are considering a partition action, it is advisable to speak with an experienced attorney who has experience in these matters. A seasoned partition attorney can help you understand your legal options and represent you in court if necessary.
If you are in need of legal representation or guidance, don't hesitate to reach out to our experienced team at Talented Tenth Law. Our attorneys have a wealth of knowledge in Partition Actions and are here to help you navigate your legal situation. Give us a call today at (754) 800-5291 or click here to schedule a consultation and discuss your options. Don't let your legal issue become a bigger problem – take control and call us now.