When business partners, heirs, or a divorced couple own property together, disagreements over its management or sale can arise. Some disputes can escalate to the point where court intervention is needed. In Florida, a partition action is one way to resolve these disputes, dividing the property equitably among the owners.
How do you file a partition action?
Any co-owner can start the process by filing a lawsuit against the other co-owners. It should:
- Be filed in the county where the property is located.
- Include a description of the land that needs dividing.
- Provide a list of all owners’ names, addresses, and shares.
The person filing the partition lawsuit must also notify other interested parties within ten days. This is especially important for inherited property.
How is the property divided in court?
Your county’s civil court considers various factors, including practicality, market value, sentimental value, and contributions to expenses. Two types of partition can happen:
- Partition in kind: This involves physically splitting the property into separate parts for each owner. The court usually grants partition in kind if requested unless it is unfair or impractical to other co-owners. This often applies to rural land or undeveloped lots.
- Partition by sale: This means selling the entire property and dividing the proceeds among the co-owners. If a co-owner wants to sell their share, others have 45 days to buy it. Partition by sale is more common for properties that are impossible to physically split evenly among co-owners, such as single-family homes or buildings.
All parties involved pay a share of costs, including attorneys’ fees, based on their ownership interest. If the property is sold, costs and fees come from the sale proceeds, including any taxes due.
Breaking up is hard to do
When people start fighting over an item, breaking it up is usually straightforward: you tell them to share, or you split it equally among them. Unfortunately, real estate is not as easy to split apart. If you are considering filing for a partition lawsuit, make sure to consult with legal professionals in your local area.
