It is not unusual to find Florida properties jointly owned by multiple persons. In many situations, joint owners cannot agree on issues that may arise to the property, such as how to manage or use the asset.
In this article, you will discover in which situations it is possible to file for partition of real property in Florida.
Florida Real Estate Partition – The Basics
When multiple owners of a property in Florida cannot agree on how it should be managed or used, one has the right to file for partition in the appropriate court. Partition refers to the act of dividing the interest in the property according to each owner’s share.
For instance, let’s say one joint owner wants to rent a property, another wants to sell it, and a third wants to live on the property. In this situation, one of them may file for partition in court to determine what will happen to the property.
If the property is unoccupied land, the court may order a “partition in kind.” This process refers to a court-ordered partition process to divide the property into distinct parcels of land (each titled separately).
If the property has improvements, such as a home, a building, or any premises involved, the court may order a “partition by sale.” Whether one or more owners may not wish to sell, the court can order a forced sale and equitably distribute the proceeds among co-owners.
The partition process is a lot easier if all the co-owners can agree on the terms of the sale. Conversely, legal disputes may result in additional stress and a lengthy division process.
When to Partition Real Property in Florida – As Provided by Law
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.”
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.”
In the lawsuit, the plaintiff must provide all required information to the court. As described by Florida Statutes §64.041, “the complaint 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.”
If the plaintiff’s interest in the property is 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.” (Fla. Stat. §64.051)
Do You Want to File to Partition Real Property in Florida? – Contact Attorney Romy B. Jurado Today
With years of experience helping clients in partition lawsuits, Attorney Romy B. Jurado is willing to help you. Call us today at (305) 921-0976 or email [email protected] for an individual assessment.