Real Estate Partition

Owning property with others can become complicated when co-owners disagree about keeping, selling, or managing the property. When you can't reach an agreement, Florida law provides a powerful remedy: a partition action. At Avila Legal Counsel P.A., we represent property owners in partition lawsuits, helping you resolve co-ownership disputes and protect your property rights.

What is a Partition Action?

A partition action is a legal proceeding that allows any co-owner of real property to force either the division or sale of jointly owned property. Under Florida Statute Chapter 64, partition is an absolute right available to owners who hold property as tenants in common or joint tenants. This means you don't need the other owners' permission to file a partition lawsuit—if you own property jointly and want out, you have the legal right to seek partition.

When Partition Actions Arise

Co-ownership disputes requiring partition actions commonly arise in several situations:

Inherited Property: Multiple family members inherit real estate and disagree about whether to keep it in the family or sell it.
Investment Property Disputes: Business partners or investors can't agree on property management, use, or disposition.
Former Relationships: Ex-spouses or former romantic partners continue to jointly own property after the relationship ends.
Failed Buyout Negotiations: One owner wants to buy out the others, but they can't agree on fair value or terms.
Maintenance Disputes: Co-owners disagree about property expenses, improvements, or who should pay for upkeep.
Use Conflicts: Owners have different visions for how the property should be used or developed.

Types of Partition in Florida

Florida law recognizes three methods for partitioning property:

Partition by Sale: The most common method, particularly for residential properties, where the court orders the property sold and divides the proceeds among co-owners according to their ownership interests. This is typically used when physical division isn't practical or would significantly diminish the property's value.
Partition in Kind: Physical division of the property into separate parcels, with each owner receiving a distinct portion. This method is preferred by law but is usually only feasible for large tracts of undeveloped land that can be divided without material prejudice to the owners.
Partition by Appraisal: One or more co-owners can purchase the interests of other co-owners at appraised fair market value, allowing buyout based on professional valuation.

The Partition Lawsuit Process

A partition action follows specific procedural steps:

Filing the Complaint: The lawsuit must be filed in the county where the property is located, naming all co-owners and lienholders as parties.
Establishing Ownership: The court determines each owner's percentage interest in the property based on how title is held.
Determining Partition Method: The court decides whether partition by sale or partition in kind is appropriate based on the property's characteristics and the circumstances.
Accounting: Before distribution, the court addresses financial matters including property expenses, mortgage payments, taxes, insurance, improvements, and rental income to ensure fair allocation.
Sale or Division: If partition by sale is ordered, the property is typically sold at public auction or through a court-appointed commissioner. Proceeds are then distributed to co-owners according to their interests and after accounting for expenses.
Distribution: After the property is sold or divided, the court ensures each owner receives their fair share based on ownership percentage and contribution to property expenses.

Financial Considerations and Accounting

Partition actions involve important financial issues beyond simple ownership percentages:

One owner may have paid more than their share of property taxes, insurance, or mortgage payments
An owner may have made valuable improvements to the property
One owner may have collected all rental income while others received nothing
Liens, mortgages, or other encumbrances must be addressed
Attorney's fees and court costs are typically allocated among all owners

Our thorough approach ensures all financial contributions and benefits are properly documented and accounted for in the final distribution.

Costs and Attorney's Fees

Florida law requires all co-owners to share the costs and attorney's fees associated with partition actions proportionally. While this means you'll be responsible for your share of expenses, it also ensures that pursuing your rights doesn't place the entire financial burden on you.

Why Choose Avila Legal Counsel P.A.

Partition actions involve complex real estate law, property valuation, and financial accounting. We provide:

Extensive Real Estate Litigation Experience: We understand Florida partition law and have successfully handled partition actions.
Strategic Approach: We evaluate whether litigation or negotiated settlement best serves your interests.
Thorough Financial Analysis: We ensure proper accounting of all contributions and expenses to maximize your recovery.
Efficient Resolution: We work to resolve partition disputes as quickly and cost-effectively as possible.
Clear Communication: We explain the process, your rights, and your options in straightforward terms.
Property Rights Protection: We vigorously advocate to ensure you receive your fair share of the property value.

Taking Action

If you're stuck in a co-ownership dispute with no resolution in sight, a partition action may be your best path forward. Whether you want to force a sale, buy out other owners, or defend your property interests, we can help you navigate the legal process and achieve a fair outcome.

Contact Avila Legal Counsel P.A. today to discuss your partition case. Let us help you resolve your property dispute and move forward with confidence.

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CONSULTATION

11120 N Kendall Dr, Suite 200, Miami, FL 33176

+1 (305) 249-1111

manny@avilalegalcounsel.com

As a courtesy to prospective clients, Manny Avila, Esq. offers a complimentary initial review of your case via a brief scheduled phone or video conference. While a comprehensive review of all relevant facts, documents, and laws is necessary before providing a formal legal opinion, this initial call will give you a general understanding of the issues at hand and whether our law firm can assist you.