How Long Do Partition Actions Take in Florida?

When people co-own property, they cannot always agree on how to use it. These disputes often arise after divorce, when multiple beneficiaries inherit property, in business partnerships, and more. When these disputes arise, partition actions are often the only way to resolve them. A partition action is a legal process in which co-owners of real property ask a court to intervene when they cannot agree on how to use or sell the property. Partition actions often result in a division of the actual property or a forced sale.

As with any legal action, co-owners often wonder how long a partition action might take. Although no one can determine exactly how long a partition action might take, there are some guidelines you can follow to determine how long your case may take. Below, our Tampa partition lawyer explains what these are.

How Long Does the Average Partition Action Take?

The average partition action lawsuit takes between 6 to 12 months to resolve. This is the length of time required for the legal work involved, such as filing a lawsuit, attending court hearings, and reaching a resolution. While this timeline is for the average lawsuit, actual times can vary depending on several factors.

Factors Contributing to the Timeframe of a Partition Action

There are many factors that contribute to the timeframe of a partition action. Of these, the level of agreement between the co-owners is one of the most significant. When co-owners of a property can reach an agreement amicably, the case can be resolved much more quickly. Other factors that can impact how long a partition action takes include:

Nature of the property: The degree of complexity with the property involved will greatly impact the timeline of a partition action. For example, if a property is enmeshed in zoning disputes, environmental issues, or other factors that make it unique, this can prolong the process.
Multiple parties: The more co-owners a property has, the more challenging it can be to reach an agreement. When multiple parties are involved, negotiations take longer and so, it can cause delays when trying to reach an agreement.
Property value disputes: Disputes regarding the value of the property can also cause significant delays in the process. These disputes often require appraisals and mediation to resolve.
Legal challenges: If any co-owner raises a legal challenge, such as disputing the legality of another’s ownership, a partition action may take longer.
Financial issues: When financial issues, such as liens or a mortgage, are attached to the property, these will have to be resolved, which can take longer.

Our Partition Action Lawyer in Tampa Can Help You Through the Process

With the complexities involved in partition actions, it is recommended that you seek the help of a Tampa partition action lawyer. At Messina Law Group, P.A., our experienced attorney can guide you through the process, provide the legal advice you need, and make the entire process as easy as possible for you. Call us now at (813) 492-7798 or chat with us online to schedule a consultation and to get the legal advice you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html