Florida law permits one of the co-owners of a property to file an action for partition if they cannot agree on the asset’s use or management. In such cases, any of the partial owners have the right to file a Petition for Partition Action with the appropriate court.
Keep reading to find out the essentials of an action for partition in Florida.
When is an Action for Partition Applicable in Florida?
If two or more co-owners cannot agree on the disposition of a property, one of them can ask a Florida court to determine whether the property should be partitioned.
For example, if one of the co-owners of a property in Florida wants to sell their interest share but the others shared owners do not consent, he or she may file an action for partition in court.
Under 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.”
It is not unusual to find partition cases involving family members who have inherited a real estate property through probate.
Partition is not exclusively appliable for real estate. As provided by Florida Statutes §64.091, “the laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and the proceedings therefor, as far as the nature of the property permits.”
Florida Statutes §64.022, “partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.”
How Does an Action for Partition Work in Florida? – The Court’s Judgment
Florida Statutes §64.051 provides 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.”
Hence, “when the rights and interests of plaintiffs are established or are 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.”
Depending on the facts presented in court, the judge may force a sale of the property and equitably distribute the proceeds between the co-owners.
Please note that the type of sale may vary, as the court may order a private sale under the supervision of the clerk or a magistrate, a judicial sale by public auction, or even a judicially sanctioned private sale.
How Does an Action for Partition Work in Florida? – Costs and Attorneys’ Fees
Florida Statutes §64.081 provides that “every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition (…).”
The same statute specifies that “in case of sale, the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same.”
Additionally, “all taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money.”
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