FAQs About Partition Actions in Florida

There are many reasons people choose to own land together. People who are not married may purchase a home together. Or, business partners may purchase a piece of property for their business. In other instances, children may be left a piece of property to own together. Regardless of the reason for property being co-owned, there are times when the owners no longer wish to own property together.

When co-owners no longer want to own a property together, they can file a partition lawsuit. These legal actions can become complex and people often have many questions about them. Below, our New Port Richey partition lawyer answers some of the most common questions we hear.

When are Partition Actions Necessary? 

Any time people co-own property together and they cannot, by mutual agreement, divide the property through a voluntary partition, either party can demand that the property be divided through judicial proceedings.

Where are Partition Actions Filed? 

Partition actions must be filed in the county where the property is located.

Is it Possible to Waive a Right to Partition?

 Yes, a co-owner of property can waive their right to partition. Each party must simply waive their right to partition in writing.

What is a Partition in Kind?

 Property cannot be sold unless it is determined that the property cannot be divided ‘in kind’ without prejudice to the owners. ‘In kind’ means division. Therefore, if it is possible to divide a property into equal parts (in kind) without harm or prejudice to the owners, it cannot be sold at a judicial sale.

Can I Recover Legal Fees if I’m Sued in a Partition Action? 

If you are sued for a partition action and the property is not partitioned in kind, defendants can recover their attorney fees.

Can a Pending Partition Action Survive the Death of a Joint Tenant? 

When a property has a joint tenancy with right of survivorship and a pending partition action, the right of survivorship prevails. The pending partition action should be dismissed.

Our Partition Lawyer in New Port Richey Can Answer Your Questions 

If you have a dispute with someone you own property with, you likely have many questions. At Messina Law Group, P.A., our New Port Richey partition lawyer can answer them so you can make informed decisions to help you obtain the best outcome possible. Call us now at (813) 492-7798 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

flsenate.gov/Laws/Statutes/2023/0064.203