If property owners are unable to agree on the sale of their properties or how they will proceed, then they can resort to the legal process known as partition. It is a last resort.
If you find yourself in a situation where property co-owners are unable to agree on a sale, it may be worth hiring a real estate partition lawyer.
Why do homeowners seek Florida Partitions?
Property can be divided for a variety of reasons. The original reason the homeowners purchased the property is usually the same. These reasons include:
Relationship problems
The relationship status will determine if a partition is appropriate.
- When a couple can’t agree on what to do with their property, it usually means they are going through a divorce. In divorce cases, the family court has the power to order that property be sold.
- Non-spouses. Couples that buy a house without getting married cannot divorce their differences. If a couple can’t agree on the way forward with their home, either one of them or the owner, if the couple didn’t buy the home together, may force the sale through the partition process if they cannot reach an agreement.
Investment Disputes
Some people or companies purchase Florida homes as investments. Homeowners either buy the home with the intent of fixing it up and selling it or decide to keep the house and sell it at a later date. A partition is a solution if the parties are unable to agree on the use of the property, how it will fix, or how it will sold.
Estate Disputes
It is not uncommon for parents to leave their house to their children, or to other heirs such as nieces and/or nephews. If the child does not want to keep the home, the decision will be made to sell it.
If the heirs disagree about what to do, they may use partition to force a sale.
Florida county where the property is situated must be the place to file a partition action. Partitions are most often used when two or more people share ownership of a property. In most cases, the main reason to ask for a division is that one of the owners is not paying taxes or home expenses.
Pre-partition options
If one joint owner refuses to maintain a property and wants to rent it out, the others have no choice but to sell through a separation.
Joint owners often discuss a buy-out. When one owner buys out another’s ownership, it is called a buy-out.
If the owner wants to keep the property, he or she must have the money to pay the other owner. They can also get a loan and mortgage to pay the other owner.
There are many times when co-owners agree to sell, but other differences may exist:
- Both parties may disagree on the best time for selling their property
- Parties may handle the proceeds of a transaction differently
Bonardi & Uzdavinis LLP, a real estate law firm, can assist owners who have agreed on the best method to sell their properties. Lawyers will review the agreement of sale and guide the seller through the closing.
If owners cannot agree, then they have two options: either partition in kind, or partition through sale.
The Partition Process – The Complaint
Florida Statutes Chapter 64, “Partition of Property” is the Florida Partition Process. According to Florida Statutes, the complaint must include:
- “A description” of the land for which a request is made.
- The plaintiff is required to provide the “names and addresses of any joint tenants, tenants in common, coparceners, or other persons interested in the property, according his best knowledge.”
- “The quantity of each individual”
- Other relevant issues which may assist the court in better understanding the issue
It should be noted in the complaint that certain items such as co-owners’ residences are unknown.
The Partition Process – Initial Court Review & Commissioner Panel
The court will determine whether the partition action is valid. The court will verify who the owners are, and whether the petitioner has the authority to file the claim. They will decide if partitioning the property is the best remedy.
If the owner or judge cannot reach an agreement, they can appoint a panel of three commissioners to manage the case. The commissioners examine the property and look for issues. They can nominate a person who will inspect the property. They can make a recommendation to the judge. They ensure that the case will not end in a tie.
Owners who do not agree with the findings made by the commissioner can file a complaint within 10 days of receiving the report. The judge will determine if the exceptions are valid.
Once the judge has accepted the report from the commissioners or resolved the exception, he will appoint someone new to sell the property.
What types of real property partitions are there in Florida?
There are two types of partitioning action:
- Partition by kind. The property can be divided into equal shares by each owner, but this is rare. This may be possible if the property consists only of land. If there is a home, condo or another residence on the land, it is usually not possible to divide the property.
- Sale of property in parts. Usually, the property is sold and the proceeds are split. The judge will normally appoint a person to sell the property in a public auction. The usual listing of a property and then negotiation with buyers will not be used.
Owners must resolve any disputes as quickly as possible. Auction sales are generally cheaper than traditional sales. Owners may consider selling the property by agreement after a judge approves the division. An auction is more expensive than a sale by agreement.
What is the division of proceeds in a Florida Petition?
Before dividing the proceeds of the sale, the court costs, the commissioner’s fee, and the fees for the person appointed to manage it must be paid. Prior to dividing the proceeds, court costs, commissioner’s fees, and fees for the person who is appointed to manage the sale must be paid.
The court may also adjust the amount due based on who paid for maintenance or repairs.
Net proceeds are split according to ownership interests of each seller. Net proceeds are divided according to the ownership interest of each seller.
What Can a Florida Partition Lawyer Do for You
An experienced Florida real estate lawyer who specializes in property division will be able to help you:
- Find out if there is a possibility of settling or buyingout.
- Can file a suit for you in divorce case
- Can I represent a seller in a private auction?
- What are the pros and cons to partitioning?
- Consult professionals to see if a division of goods is possible
- I will make any necessary exceptions
- Documentation can be useful for repairing and maintaining your vehicle.
- Existence of an interest in a property
Florida Partition Lawyer
You may want to consider a separation if you have co-owners that do not put your needs first.
Our Florida real estate lawyers at Bonardi & Uzdavinis LLP understand your challenges and are able to provide you with compassionate guidance.
Each property owner should receive individualized legal advice and solutions that are tailored to meet their specific needs. We will vigorously defend your legal rights throughout the partition process.
Contact us at (813) 541-2019 today to get started.
Request an appointment using our online form. We will take the time to listen, understand your situation and find a resolution.
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 tampa, 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!