Co-ownership happens when multiple individuals own shares of interests in the same property. If there are disputes between the individuals involved in the arrangement, it may result in limited control over the property and possible complications if one of the co-owner dies.
In this article, you will discover what a Florida partition action is.
What is a Partition Action in Florida? – Explaining the Concept
A partition action is a legal process filed by one of the interested parties to force the sale of jointly owned property. In most cases, partition cases involve real estate, but it may apply for partitioning other assets under specific statutory rules.
Florida Statutes §64.022 states that “partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.”
Florida Statutes §64.031 adds that “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.”
To commence a partition action, the plaintiff must work with an attorney to file a Petition for Partition Action. Florida Statutes §64.041 provide that “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”
Please note 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.”
Is it Possible to Avoid a Partition Action Through Mediation or Arbitration?
Generally, the action is filed with the court when one of the co-owners wants to sell their interest in a property, but the other co-owners do not consent to the sale and do not want to pay a fair price.
Before filing for partition with a Florida court, it is crucial to consult with an expert attorney to identify alternative resolution methods. With adequate legal guidance, it may be possible to negotiate and convince other co-owners to reconsider their position to find a mutually agreed solution.
Should I Avoid a Partition Action in Florida? – An Honest Answer
Filing for partition is the last resource used in cases where co-owners cannot reach an agreement, especially those involving disputes among family members. Besides the amount of time involved, this type of lawsuit has significant expenses.
For example, if a lawsuit involves multiple heirs disputing the ownership of a property, it will result in delays, stressful situations, and hefty court costs and attorney’s fees.
In most cases, the court orders a forced sale to proceed with a fair distribution of the proceedings to the parties involved. However, in almost all cases the amount of money obtained by the co-owners owners after the partition will be less than the full value of the disputed real estate.