Understanding Your Rights in a Partition Action

Meet Renee Marie Smith, Esq. – A trusted real estate attorney in Florida with over 25 years of experience in Partition Actions, property disputes, and complex real estate transactions.

Jessica and her cousin, Mark, inherited a duplex in Tampa. Jessica wanted to keep the property and rent it out, but Mark insisted on selling. When Mark filed a Partition Action, Jessica feared she might lose her share unfairly. However, with the help of a real estate attorney, she successfully argued for a fair market valuation and negotiated a structured buyout plan that allowed her to retain ownership while compensating Mark fairly. By understanding her rights, Jessica was able to secure a beneficial outcome without a forced sale.

Introduction

A Partition Action can be a game-changer for property co-owners who can’t agree on how to manage or dispose of a shared asset. Whether you want to force a sale, protect your stake, or understand your legal standing, knowing your rights is crucial before taking any legal steps.

What Rights Do Property Co-Owners Have?

In Florida, property co-owners have several rights that govern how they can use, sell, or divide their shared real estate:

• Right to Occupy the Property – Co-owners have equal rights to use and occupy the shared property unless otherwise agreed.
• Right to Sell or Transfer Ownership – Any co-owner can sell their share without needing the approval of others, but they cannot sell the entire property without consent.
• Right to a Partition Action – If one owner wants to sell and the other refuses, a Partition Action allows a court to legally order a sale or division of the property.

Can You Force a Sale If Your Co-Owner Refuses?

Yes. If a co-owner refuses to sell or negotiate, Florida law allows for a Partition by Sale, where the court orders the property to be sold, and the proceeds are distributed fairly among all owners. If the property can be physically divided, the court may approve a Partition in Kind, where each co-owner receives a portion of the property.

Legal Protections for Minority Owners in a Partition Action

• Fair Market Valuation – Ensures that all co-owners receive a just share of the property’s true market value.
• Buyout Rights – The court may allow one party to buy out the other before ordering a sale.
• Legal Representation – Having an experienced attorney ensures that your interests are protected during the proceedings.

What to Expect During the Court Process

1. Filing the Lawsuit – The petition is submitted to the court.
2. Property Appraisal and Market Valuation – The court assigns a professional to assess the value of the property.
3. Negotiation and Mediation – Many cases are resolved through settlements before reaching trial.
4. Final Judgment – If no agreement is reached, the court enforces a ruling for sale or division.

📞 Know your rights before making a legal move! Contact us for expert guidance.

Why Choose Renee Marie Smith, Esq.?

With extensive experience in Florida real estate law, Renee Marie Smith, Esq. specializes in guiding clients through complex property disputes, including Partition Actions. Her dedication to achieving equitable outcomes and preserving property value sets her apart as a trusted advocate for real estate matters.

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Facing a property dispute? Contact us today to discuss your case. Our team is here to help you navigate the complexities of property law and protect your interests.

Please give us a call at (904) 310 – 5133 and let our friendly staff answer any questions you may have.