When multiple owners of a jointly owned property cannot agree on how to use or manage the property, one of them can file a partition action.
Depending on the case’s circumstances, it may result in the physical division of the property or a forced sale with the division of the proceeds among joint owners. Keep reading to find out the essentials of Florida partition actions.
What Are the Partition Actions in Florida? – Taking a Closer Look
In Florida, a partition action is filed by one of the interested parties of a jointly owned property.
As provided by Florida Statutes §64.031, “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.”
While it is unusual to find partition cases involving assets other than real estate, Florida statutes have specific rules to partition other types of assets.
Florida Statutes §64.022 specifies that “partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.”
When preparing the complaint, Florida Statutes §64.041 provides that the plaintiff “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”
The same statute adds that “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.”
What Are the Partition Actions in Florida? – The Court’s Judgment
Florida Statutes §64.051 describes that “the court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it.”
If the rights and interests of plaintiffs are established or undisputed, “the court may order partition to be made, and the interest of plaintiffs and such of the defendants as have established their interest to be allotted to them, leaving for future adjustment in the same action the interest of any other defendants.”
The outcome of partition actions depends on whether an equitable physical division of property is feasible. If a physical division is not feasible, the court may order a partition sale and distribute the proceeds to the joint owners.
The court may order a judicial sale by public auction, a private sale conducted by the clerk or magistrate, or even a private sale (based on a stipulation or agreement of the parties involved).
Is a Florida Partition Action the Solution for Your Case? – Contact Attorney Romy B. Jurado Today
Consult with a well-versed Florida attorney to identify whether a partition action is an ideal option for you. Call Attorney Romy B. Jurado today at (305) 921-0976 or email [email protected] to schedule a consultation.
