When someone owns a piece of property or real estate with another person, there is the potential for disagreements. Multiple co-owners can mean multiple opinions about what to do with the piece of property.
One co-owner may want to sell, while another wants to continue using the property. When this type of dispute arises, it may be necessary to speak with a knowledgeable legal professional.
In cases of irresolvable disputes, one party may decide to file a real estate partition lawsuit. This type of legal action usually results in the sale or division of the property.
What is a partition action?
Both commercial and residential properties can be affected by partition lawsuits. In some cases, the court will determine how to divide or dispose of real estate property in a dispute.
When this happens, it is known as a “partition action.” Courts oversee the process of a partition action and will divide the property according to Florida state law.
In the state of Florida, there are two primary types of partition actions. One of these processes is much more complicated than the other. The two kinds of partition actions are:
Partition in Kind
When a piece of property can be easily divided geographically, a partition in kind splits the property along predetermined lines. The sections of the divided property are then given to each respective owner.
After a partition in kind, the co-owners each retain a smaller piece of land. However, the property owners each fully control their smaller parcel.
Partition by Sale
When multiple co-owners of a piece of property are unable to agree on a course of action, a partition by sale may be necessary. This process involves selling the property and splitting the proceeds among the co-owners.
Partitions by sale are useful in cases where the co-owners disagree about a property that cannot be easily split. Examples include:
- A house
- A condo
- A small parcel of land
Partition of Heirs Property
When there is no agreement between the co-owners and one or more of the co-owners received their interest in the property from a relative, then Florida’s Uniform Partition of Heirs Property Act addresses the specific issues involving the concerns of relatives who co-own property together. This may involve a court-ordered sale of the entire “heirs property”, whether by open-market sale, sealed bids, or auction.
To determine what legal action is right for you, speak with a skilled estate attorney in Florida. The accomplished team at Patriot Legal Group has plenty of experience representing interested parties in property disputes.
Is mediation or partition better in my case?
Some property disputes do not require a partition lawsuit or action. If minor disagreements arise, the property co-owners may be able to reach an agreement without going to court.
The formal process of negotiation where all parties meet at a set time is known as mediation. A skilled legal professional can help all parties to understand their rights and obligations.
If an agreement is possible that is beneficial to everyone involved, further legal action may be unnecessary. However, this is not always the case.
In some instances, property co-owners are unable to decide what to do. When a disagreement is significant, a partition action may be the best way to resolve the dispute.
For example, ex-spouses or siblings may be unable to reach an agreement regarding the house they own together. When business partners co-own land, they may vehemently disagree about the best course of action for the property.
Instances like these are often best resolved through a partition action. However, partition actions in Florida involve many complex statutes, requirements, and regulations.
Because of this, it is vital to secure the services of an accomplished attorney from Patriot Legal Group.
Reach Out to Patriot Legal Group Today
When you are involved in a property dispute, do not wait. Contact the trustworthy legal professionals at Patriot Legal Group.
Our estate planning and family law attorneys will fight tirelessly to ensure that any partition action works in your favor. We have a history of securing positive outcomes for our clients.
For legal representation in Orlando partition action cases, contact our firm today.