Brevard and Indian River County Partition Action Attorney

The law firm of Rocky L. Rinker, Attorney at Law, P.A. provides cost effective representation, and that certainly applies to Partition Actions.

What is a Partition Action? In short, a partition is a court ordered sale of jointly owned property. A Partition Action is a lawsuit asking the court to order such a sale. Partition actions are common where a parent dies and leaves property to two or more siblings. One wants to sell, one wants to keep, and they cannot agree. The one that wishes to sell brings a partition action asking the court to order a sale so the proceeds can be fairly divided.

Partition is covered by statute in Florida, and certain attorneys’ fees can sometimes be recovered from the proceeds of a partition sale.

We have handled several partition actions and no two are the same. We always work hard and smart, and that is equally true regarding partition actions. Our firm effectively and efficiently analyzes the relevant facts and documents, including receipts for money spent on the property; we then quickly assess the case’s strengths and weaknesses. We file partition actions and we represent defendants in partition lawsuits. We write demand letters and we write responses to demand letters. In short, we are prepared to litigate when appropriate, and we are equipped to negotiate when that approach is more effective.

We bring our proven boutique approach to our partition clientele. This means our clients do not deal with layers of gatekeepers – secretaries, assistants, paralegals. Our clients communicate directly with their attorney. We strive to be direct and responsive. We understand that our clients do not want to wait, they want answers. We strive to provide efficient and responsive representation.

Frequently Asked Questions

Can I handle this court matter on my own or do I need an attorney?
Around the final year of law school, students start to realize the answer to most legal questions is, “it depends,” and that answer applies to this question as well. Indeed, it does depend on the specific nature of the matter and the court level. It is not uncommon to see litigants handling there own small cases in small claims court. If there is a relatively small amount at stake, it may not make sense to hire an attorney. In Florida, each side is expected to pay its own attorneys unless there is a statute or a contract that allows for “prevailing party fees.” In instances where there is no opportunity for prevailing party fees and the amount is small, if you are comfortable speaking in public, it might make sense to represent yourself. Sometimes, when representing yourself on a smaller matter, it can be wise to invest in a one-hour consultation with an attorney to discuss your strategy and to obtain guidance on certain rules that may apply. Generally, in all other instances, you would be well advised to have legal representation for court matters. Our firm strives to provide cost effective solutions, and we are happy to offer one-hour consultations for those who choose to proceed in small claims court on a pro se basis.

I have heard that litigation is expensive; how much is this going to cost me?
If you read the answer to the first question, you know the answer to this one – it depends. Several variables can impact the costs of litigation. In the current legal environment, the vast majority of cases settle before trial. Usually, the best way to obtain a favorable settlement is to be ready and willing to go to trial. The attorney needs to develop a theory of the case based on the admissible evidence. Part of that evidence comes from the client directly, but some of it is obtained through the process known as discovery. This includes formal requests to produce documents, requests for factual admissions, interrogatories (which are relevant questions your opponent must answer under oath), and depositions. Not each of these discovery tools is appropriate for each case. When we are retained, we develop a litigation strategy that is unique to that particular case. We are guided by the client goals and the costs of that particular discovery tool. For instance, depositions, especially with out of state witnesses, are more expensive than requests to produce documents. We strive to provide cost effective litigation, and one way to do so is by using the appropriate discovery tool.

Since there are so many variables that can impact the costs of litigation, how do I know how much to pay for attorney’s fees and when do I pay them?
There are a number of different billing strategies used by law firms. As a convenience to our clients and in order to keep administrative costs as low as possible, we use a very simple system. We collect an amount upfront from the client and hold this in trust in what we call the Client Deposit Account. Each month, we provide an itemized statement with detailed billing to the client and deduct the corresponding amount from the Client Deposit Account. We do not charge a non-refundable retainer, so any money in the account at the end of representation is returned to the client. We bill hourly based on attorney effort expended on the file. We do not bill for “contemplation of issues” or similar events. Technically, these are billable, but we are guided by the actual time expended on events and communications that advance the client’s interests. Finally, we frequently use a team approach and have two attorneys attend hearings; however, if two attorneys attend a one-hour hearing, the client is only billed for one hour, not two. All of this is a part of our boutique approach to provide thorough and cost effective representation. Our clients do not deal with layers of gate keepers – secretaries, assistants, paralegals. Our clients communicate directly with their attorneys. This also helps keep our costs contained, which is a key component of our cost-effective approach.

Client Testimonials

Excellent Attorney, Very Knowledgeable!
Rocky Rinker helped me negotiate a settlement on a contractual dispute, and did an absolutely terrific job with it. He was very attentive, trustworthy, and knowledgeable of the situation. A settlement was reached faster than I expected, and was executed quickly without delay. Thank you Rocky!

Personable, trustworthy, knowledgeable.
Rocky earns all of my referrals with his prompt, trustworthy, and knowledgeable approach to law. If you are looking for personalized service, Rocky is the place to go. Great background to draw from and just an easy guy to talk with.

Request a Phone Consultation*

Call 727-466-3411 or request an appointment to speak directly with Rocky concerning your case.