Partition actions are a critical area of real estate law, providing a legal avenue for co-owners to divide or sell property when disputes arise. Florida Statute 64 governs the process, ensuring fairness and clarity in these often complex cases.
What Is a Partition Action?
Partition actions are lawsuits filed to resolve disagreements between co-owners of property. This typically happens when one or more parties wish to sell or divide the property, but others do not agree. Florida Statute 64 outlines the legal procedures for resolving such disputes, making it an essential statute for property owners and real estate professionals alike.
Types of Partition Actions
Under Florida law, there are two primary methods of partition:
- Partition in Kind: The court physically divides the property into separate portions. This method is common for large parcels of land where a fair division is feasible.
- Partition by Sale: If dividing the property is impractical, the court orders a sale of the property, and the proceeds are distributed among the co-owners based on their ownership shares.
The Legal Process
A partition action begins with the filing of a lawsuit. The court will:
- Determine the ownership shares of each party.
- Decide whether a partition in kind or partition by sale is appropriate.
- Issue orders to facilitate the partition or oversee the sale of the property.
Why Legal Representation Matters
Navigating a partition action can be legally and emotionally challenging. A skilled attorney can:
- Advocate for your interests in court.
- Ensure accurate valuation of the property.
- Negotiate settlements to avoid prolonged litigation.
If you are involved in a property co-ownership dispute, seeking legal counsel is crucial. Renee Marie Smith, Esq. specializes in partition actions, helping clients resolve disputes efficiently and fairly. Contact us today for a consultation and take the first step toward resolving your real estate challenges.
Please give us a call at (904) 310 – 5133 and let our friendly staff answer any questions you may have.
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“ Excellent! Her team worked very well together. Performed with excellence when crunch time came. Well pleased with the resolution in court. Renee Marie Smith Thank you for who you are and your professionalism. ” Christopher Sawyer