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Understanding Action for Partition in Florida

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Tampa Probate Lawyer / Blog / Uncategorized / Understanding Action for Partition in Florida

Understanding Action for Partition in Florida

At Messina Law Group, P.A., we recognize that every legal situation and client is unique. With our extensive experience in Florida partition law, we offer invaluable assistance tailored to your specific needs. If you are a co-owners of real estate and you wish to dispose of the property but cannot reach an agreement with the other co-owner(s), a legal action for Partition may be the appropriate legal recourse.

Understanding Action for Partition in Florida

In Florida, an action for Partition can be pursued when co-owners of real estate desire to part ways with the property but face disagreements on how to proceed. Such scenarios can arise during probate, where a parent may leave property to children as co-owners, and not all beneficiaries wish to keep the property. When an agreement cannot be reached, a co-owner can turn to the court to resolve the dispute.

Florida Statute Section 64 governs actions for Partition. The court’s goal is to satisfy all parties involved, allowing various outcomes such as a settlement agreement for owners who wish to retain the property or permitting interested beneficiaries to purchase the real estate. Alternatively, a negotiated buy-out of the property can be considered.

Filing a Complaint for Partition

Any co-owner can initiate a Partition action against the other co-owners. If consensus cannot be achieved on dividing the property, the Florida court may order the sale of the real estate, and the proceeds are then distributed among the co-owners. However, the distribution may not always be equitable, as specific circumstances are considered. For instance, in cases where one co-owner makes significant capital investments in the property or pays the bulk of the expenses, the court may distribute the proceeds of the partition sale to account for the inequity.

When facing real estate co-ownership disputes, an action for Partition can offer a resolution. At Messina Law Group, P.A., our experienced team ensures that your specific needs are met, guiding you through the legal process and protecting your interests. Whether your case involves probate or not, our firm is equipped to provide you with the best legal representation and support.

About Messina Law Group, P.A.

Operating as a full-service law firm in Florida, Messina Law Group, P.A., is dedicated to answering any questions related to Partitions. We prioritize our clients’ interests and provide expert guidance in filing actions for Partition, whether it involves probate or a traditional co-ownership arrangement. Our reputation and experience make us the ideal choice for your legal needs.

For a free consultation, call us at (813) 492-7798. Visit our office at 2550 Permit Place, New Port Richey, Florida, or schedule an appointment at our other convenient locations.

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