What Does a Partition Action Cost in Florida?
Dividing shared property in Florida is a complicated process, and it can also become costly. Partition actions are necessary when co-owners of a property cannot agree about what to do with it. This legal process will either determine how to divide the property, or to sell it. Typically, partition actions start at $5,000, but there are many factors that can affect the cost. Below, our New Port Richey partition lawyer explains in further detail.
Breaking Down the Cost of a Partition Action
Partition lawsuits have filing fees ranging between $400 and $500, depending on the county in which it is filed. Some of the county courts include a processing fee ranging from $50 to $100 for electronic filing and document handling. Some courts will also charge a fee between $25 and $50 to process paperwork specific to the partition action.
When someone files a partition action with the court, they must serve the lawsuit to all other co-owners of the property. Fees for this service usually range between $40 to $100 per person served. Fees for court reporters for depositions and hearings usually cost between $150 to $300 per session. It is sometimes necessary to purchase certified copies of court documents and this can cost between $3 to $15 per page.
In partition actions, legal fees often make up the bulk of the cost. Attorneys often charge between $250 and $500 per hour when working on a partition action. Some attorneys will require a retainer, which is non-refundable and due before they start the case. This retainer fee often starts at $4,500.
Factors Impacting the Cost of a Partition Action
There are a number of factors that impact the cost of a partition action. One of these is the number of co-owners involved, as they must each be legally served. The location of the property is another factor impacting cost, as some counties charge higher filing fees than others. The complexity of a case also impacts the cost of a partition action. Simple partition cases that are not contested require fewer filings and court appearances than contested cases.
Attorney Fees are Often Recoverable
Under state law in Florida, the court will divide attorney fees among all parties based on their percentage of interest in the property. While these actions are just to provide a decision and not to collect damages, the party the court favors can recover their legal fees from the other owners.
Our Partition Lawyer in New Port Richey Can Help with Your Partition Action
The above is a very basic breakdown of the cost of a partition action. Mediation, appraisals, and other factors can also affect the cost. At Messina Law Group, P.A., our New Port Richey partition lawyer can advise on how to keep costs down and guide you through the process so it is as easy as possible for you. Call us now at (813) 492-7798 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html
