Do you co-own Florida real estate with someone else and want to sell it, but they aren’t interested? Or maybe you’d like to keep the property but can’t agree on how to manage it? A partition action might be the right solution for you. At Rocky Rinker, our experts can help you navigate this situation and find the best solution.
What is a Partition Action in Florida?
A partition action is a legal process that allows co-owners of real estate to force a sale or division of the property.
This can be helpful when:
You want to sell the property, but your co-owners disagree.
You can’t agree on how to manage the property.
You’ve inherited property with others and want to separate your ownership.
When Should You File a Partition Lawsuit?
Communication with your co-owners has reached a stalemate.
Your co-owners are not fulfilling their financial obligations related to the property.
You believe selling the property is the best course of action for all parties.
Types of Partition Actions in Florida
Partition by Sale: The court orders the property sold, and the proceeds are divided among the co-owners according to their ownership percentages.
Partition in Kind: If practical, the court divides the property physically into separate parcels for each co-owner to own individually.
How to File a Partition Action in Florida?
Consult with a Partition Attorney: An experienced attorney can advise you on the best course of action and guide you through the legal process. Our experts at Rocky Rinker are available to guide you through this process.
File a Petition for Partition: This document outlines your request to the court and details the property and co-owners involved.
Serve Notice on All Co-Owners: All co-owners must be notified of the lawsuit.
Discovery and Negotiations: The court might order a hearing to determine the property’s value and may encourage settlement negotiations between co-owners.
Trial and Judgment: If negotiations fail, a trial will be held, and the court will issue a judgment ordering a sale or division of the property.
What Costs Are Involved in a Partition Action?
The cost of partition actions can add up, involving court fees, attorney fees, and potential appraisal costs. Discussing all potential costs upfront with your attorney is crucial. That is also why it is paramount that you hire a lawyer you fully trust to help you resolve this process as soon as possible, to prevent unnecessary excess spending.
How Rocky Rinker Can Help with Your Partition Action
At Rocky Rinker, we understand the complexities of partition actions. Our experienced real estate partition attorneys can:
Clearly explain your legal options and guide you through the entire process.
Advocate for your interests in court or during negotiations.
Navigate complex legal procedures and ensure your rights are protected.
Protect your financial interests by ensuring a fair outcome in the partition action.
Don’t navigate a partition action alone. Contact Rocky Rinker today for a consultation and discover how we can help you achieve your desired outcome.
Frequently Asked Questions
What is a partition action, and who can file one in Florida?
A partition action is a legal process that allows co-owners of real estate to force a sale or division of the property. Any co-owner of Florida real estate can file a partition action.
How long does a partition action process take in Florida?
The timeline for a partition action can vary depending on the complexity of the case. However, it typically takes 6 months to 2 years to complete.
Is it possible to avoid going to court in a partition action?
Yes, it might be possible to avoid court by reaching a mutual agreement with your co-owners on selling or dividing the property. Your attorney can also help with negotiations.
What happens if one co-owner doesn’t want to sell the property?
Even if one co-owner objects, a partition action can still force the sale of the property. The court will weigh the interests of all co-owners involved and choose what they believe is the best solution.
We understand that partition actions can be stressful. At Rocky Rinker, we are here to help relieve your stress. Contact us today and let our experienced partition attorneys guide you through the process.