In this article, you can discover…
- What a partitioning action is, and how to file one.
- The potential legal outcomes of a partition action.
- How long a typical partition action takes in the state of Florida.
What Is A Partition Action? When Is It Applicable In Florida?
A partition action occurs when you and or one or more parties own a property together and can not agree on whether or not to keep it or on who keeps it. In such a case, you then turn to the court and to legal avenues to help you let go of that property. It’s as though you and other joint parties are going through a divorce, so to speak, and you need legal help to decide how to let go of that property in ways that hopefully benefit all of you.
Who Can File A Partition Action In Florida?
Any of the joint owners of a parcel of land who do not want to jointly own the property anymore can file a partition action with the help of a real estate attorney. Essentially, if you own at least some interest in a parcel of property with other people, you can file a partition action.
What Are The First Steps To Initiating A Partition Action In Florida?
The first step to initiating a partition action is to file a lawsuit and request a partition action with a clerk of courts. This lawsuit is filed in the court of the county where the parcel of property is located, as opposed to the county where you may live.
What Documentation Is Needed To File A Partition Action?
To file a partition action, you’ll need a partition complaint (also known as a partition lawsuit), which a lawyer can help draw up for you. You’ll also need a copy of any recorded deed showing your joint ownership and others’ joint ownership of the parcel of property.
Attorney Jeremy Dubyak is a results-driven real estate lawyer who has been serving Florida for over 10 years. He’s helped clients just like you navigate partition actions and can assist you in letting go of a contested property legally and smoothly.
Have further questions about partition actions or real estate law? Reach out to The Dubyak Law Firm today at (850) 266-7822 and schedule an initial consultation today.
What Are The Potential Legal Outcomes Of A Partition Action?
Once the court or clerk intervenes in the property dispute, a “special master” will be appointed. This special master is simply a third-party lawyer who has been hired as a neutral authority for the case.
This lawyer will determine the value of the property, after which you could simply buy out the other owner or owners. If you and the other party involved can’t come to an agreement or can not afford to buy one another out, the court will force a sale.
This means that the parcel is now placed on the market by a hired real estate brokerage to be sold to anyone who might want to buy it.
How Long Does A Typical Partition Action Take In Florida?
A partition action can be quite speedy if you and the other party can agree quickly on what to do. Some cases can be resolved in three months, whereas others take up to a year.
This can depend on the valuation of the property and how complex the parcel is. Parcels with multiple structures or unique features may take longer to partition. If the court forces a sale, you’ll then have to wait for the parcel to sell. This could take a very short or very long amount of time, depending on how soon an interested buyer is found.
Can A Partition Action Be Resolved Without Going To Court?
Ideally, you and the other joint owner or owners of the parcel could come to an agreement without having to file a lawsuit. Partition actions are used as a last resort when you and other parties simply can not communicate with one another and can not work out an agreement.
It’s important to note that filing a partition action can be quite expensive; you’ll face expenses filing lawsuits, paying court fees, and possibly paying real estate broker fees if the court forces a sale.
To avoid these fees and the process, it’s preferable to simply list the property for sale or else come to a financial agreement with the other parties out of court. A real estate attorney can also be helpful at this stage as well, mediating your wishes and ideas to joint owners objectively so as to help avoid a lawsuit.
How Can An Attorney Help Me File A Partition Action?
If you feel the need to file a partition action, a knowledgeable real estate attorney can file it on your behalf. The attorney can also help mediate with other joint owners if you can not safely or calmly interact with those parties anymore.
This can be especially helpful if communication has broken down between parties considerably or if one party has become violent. This lets you safely remove yourself from a difficult situation while allowing a seasoned legal professional to handle the next steps for you.
Don’t allow an ongoing property dispute to cause further stress, hamper your plans, or tie you down. For more help Navigating Partition Actions In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 266-7822 today.
