Partition Actions & Divorce – What Happens to Shared Properties?

Navigating the complexities of partition actions—expert legal advice makes all the difference.

Dividing real estate during a divorce can be one of the most contentious aspects of separation. While marital property is often divided during the divorce process, former spouses who remain co-owners after the divorce may need a Partition Action to resolve ongoing disputes.

How Divorce Affects Shared Property Ownership

• Equal Ownership Rights Remain – If a couple co-owns a property post-divorce, both retain rights unless legally transferred.
• Disagreements Over Property Sale – One spouse may wish to sell, while the other may refuse, leading to legal disputes.
• Mortgage & Expense Disputes – The party living in the home may expect the other to continue contributing to expenses, creating financial strain.

 Using a Partition Action to Resolve Property Disputes

1. Petitioning for a Court-Ordered Sale – If ex-spouses cannot agree, the court may order a sale of the property.
2. Buyout Arrangements – One party may purchase the other’s share to retain sole ownership.
3. Court Intervention in Equity Distribution – Judges will consider prior agreements, financial contributions, and legal precedents in determining outcomes.

📞 Need legal help dividing shared real estate? Contact Renee Marie Smith, Esq.!

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.