Orlando Partition Actions Lawyer

Partitioning inherited property in probate and trust administration proceedings in Florida can be challenging. When two or more people are entitled to the distribution of real property from a loved one’s estate, disagreements about what to do with the property may arise. The best way to resolve these disputes is to consult with a capable partition action attorney.

At Patriot Legal Group, our estate planning attorneys are highly experienced in litigating partition actions for clients throughout Florida. We are keenly aware that administering an estate can become a complicated endeavor when disputes arise over the distribution of any type of real estate, especially a family home.

We often recommend seeking negotiated settlements to property disputes so that the value of the property is preserved, but we are fully prepared to represent you in a partition action. Rest assured, we will work to protect your interests in and out of the courtroom. Contact our office today to get started.

Orlando Probate Attorneys Representing Clients in Partition Actions

Florida law allows more than one person to own property, and there are many situations where co-ownership is common. Spouses may jointly own a home, business partners may have purchased property together, or family members may be the beneficiaries of real estate in a will or trust.

In the case of an inheritance, what happens when beneficiaries disagree about what to do with the property? One option is for the co-owners to sell it and divide the proceeds, but this is not always possible, especially when the beneficiaries are siblings. One may want to sell while another has sentimental attachments to the home. Others may hesitate because they are indecisive or overwhelmed by the process. When the owners cannot agree, the other option is a partition action.

What is a partition action? 

A partition action is a legal proceeding in which the probate court determines how to dispose of real property when the beneficiaries have different ideas about what to do with it. Under Florida law, a beneficiary of an undivided interest is allowed to ask the court to divide or sell the property. If the property is undeveloped land, the court can divide it equally or according to each party’s ownership share.

When the parties cannot agree about property that cannot be divided (e.g a home, condo), the property must be sold.  The proceeds will then be divided equally or equitably based on each party’s share in the home or property.  In short, a partition action is a way to force a sale of the property.  It is important to note that family members are afforded the opportunity to purchase the property through a partition of heirs action.

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A partition action can be brought as part of the probate proceeding as long as the case has been opened. If probate has not been opened or probate has already closed, then a separate lawsuit can also be filed. In any event, the court will oversee the partition process and make determinations about the property value, buyouts, the sale of the property, and related matters according to the Uniform Partition of Heirs Property Act.

What are the types of partition actions in Florida?

There are two types of partition actions – partition in kind and partition by sale:

Partition in kind

When beneficiaries have interests in land or property that can easily be split, a partition in kind divides the boundary lines of the property and distributes equal or equitable parcels to the owners. Although each party receives a smaller parcel of land, each party owns the parcel in its entirety.

Partition by sale

When the parties cannot agree about what to do with shared property such as a home or condo, a partition by or sale may be necessary. The court oversees the sale and the division of the sale proceeds.

In a judicial partition, there may be disputes about ownership, each party’s share, or other issues, which makes it crucial to have an experienced partition action lawyer at your side. Depending on the circumstances, a voluntary partition can also be achieved through the mediation process with the help of your attorney.

Why Choose Patriot Legal Group

When beneficiaries cannot agree about what should be done with inherited property, tensions can arise and complex emotions are often involved after the death of a parent or loved one. Whether a voluntary partition is possible or a force of sale becomes inevitable, our partition action lawyers can assist with negotiating or litigating a partition action. Above all, we will provide you with the advice and guidance you need to protect your inheritance and property rights.

Contact our Experienced Central Florida Partition Action Lawyers

Partition actions and probate proceedings can be complex and navigating the legal system takes skill and determination. Turn to Patriot Legal Group for the informed representation you need and the caring, efficient service you deserve. Contact our office today to schedule a consultation.