Two or more individuals often own property. It can be a choice. For example, a couple may decide to purchase a home together. Or a group friends who have been close for many years might invest in an expensive property. Other factors can lead to co-ownership, such as siblings inheriting their parent’s home or land.
When multiple people jointly own a property, they have to make decisions as a collective. It’s not always easy to get everyone in agreement. When an owner or owners cannot resolve a problem themselves, they must file a partition. In Florida, the civil court can decide how to best handle jointly owned property by filing a partition suit.
FILING A PARTITION
A partition involves the division between owners of property and is quite complicated, especially if you don’t have proper legal advice. If you are considering filing for a Florida partition, it’s best to consult a local real estate lawyer who knows the laws in Florida to make sure that all requirements of law are followed.
A partition action can only be filed by the owner of the property in the county that the property is located. To be valid, the complaint, which is a key document in this process must contain several important pieces of information:
- The description should include the boundaries of the property and any other relevant information that identifies the property.
- The complaint must include the names of all owners. The complaint must include the names of all owners, whether they are individuals, corporations or other entities.
- Addresses for Each Owner: All owners listed must have their current addresses included. This ensures that they receive the proper legal notices about the partition action.
- Proportion of Ownership : The complaint must clearly state what percentage of the property each party owns. It is important to know the percentage of ownership in order to determine how the property will ultimately be divided.
If any of these information are unknown, it is the responsibility of the plaintiff to make this clear in their complaint. The missing information must be noted and described as unknown to ensure that the complaint can be processed quickly.
PARTITIONING DIVISIBLE LAND
If the plaintiff can prove that they are entitled to the land, the court may appoint commissioners who will oversee the partitioning. These commissioners can be chosen by the parties or selected by the judge.
They can divide the land in a proper manner. They can also hire a surveyor to divide the land if necessary. For example, the commissioners will decide how a parcel owned by two people should be divided. After determining the result, the commissioners file a report in court.
The report is available for 10 days. The court will give each party quiet title to the land if there are no reasonable objections.
PARTITION NON-DIVIDABLE LAND
Certain property cannot be divided. It is impossible to divide a parent’s house between three siblings who have equal interest. In this situation, a partition action could be used to force the sale and then divide the proceeds between the co-owners.
In this case, the commissioners are assigned the task of determining if the land in question is truly non-divisible as the plaintiffs claim. If the commissioner tells the court this is the case, the court may order the commissioners sell the land by auction.
The proceeds from the sale will be divided amongst the owners based on who paid for the down payment, the mortgage, the property taxes, and the improvements. Co-owners won’t be paid until the mortgages and liens have been satisfied.
For help, call a Florida real-estate lawyer
Consider contacting Bonardi & Uzdavinis LLP if you require assistance with a Florida real estate division, whether it involves property that was shared between family members, friends, ex-partners, business partners or romantic partners. Our Tampa-based team of attorneys is prepared to offer expert advice and assist you in navigating the complexities involved with forcing a real estate decision. Call us at (813)540-2019 to get immediate help. Our experienced attorneys will help you through every step, whether it is understanding your legal rights, or initiating a separation action. Call us to explore your options and discuss your current situation.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate attorney clearwater fl, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!
