When property owners cannot agree on how to proceed or the sale of the properties, they can use the legal process called partition. This is the last resort.
It may be worthwhile to hire a realty partition lawyer if you are in a situation with property co-owners who cannot agree on a sales price.
Why do homeowners choose Florida Partitions for their home?
Property can be divided in many ways. The homeowners usually purchase the property for the same reason. The reasons for buying a property include:
Relationship problems
A partition will be appropriate if the relationship is in a good place.
- Spouses. When a couple cannot agree on how to divide their property, they are likely going through a separation. The family court can order the sale of property in divorce cases.
- Non-spouses. Couples who buy a home without getting married are not able to divorce. If a couple cannot agree on how to proceed with their home, one of them, or the owner if the couple did not buy the house together, can force the sale by partition if they are unable to reach an agreement.
Investment Disputes
Some individuals or companies buy Florida homes for investment purposes. The home is either bought with the intention of repairing it and selling it, or the homeowner decides to keep it and sell it later. If the parties cannot agree on how to fix the property or sell it, a partition may be the solution.
Estate Disputes
Parents often leave their home to their children or other heirs, such as their nieces and/or their nephews. If the child doesn’t want to keep it, then the house will be sold.
If the heirs are in disagreement, they can use partition as a way to force a sales.
The county in Florida where the property is located must be the location to file the partition action. Most often, partitions are used when more than one person shares ownership of a piece of property. Most often, a property division is requested because one owner is not paying home or tax expenses.
Pre-partition options
If one co-owner refuses to maintain the property and wishes to rent it, then the other owners have no option but to separate.
Joint owners will often talk about a buyout. A buy-out occurs when one owner purchases out the ownership of another.
The owner must be able to pay for the other owner if he/she wants to keep their property. You can get a mortgage or a loan to pay off the other owner.
Sometimes co-owners will agree to sell but there may be other differences.
- The best time to sell a property may be different for both parties
- The proceeds of a transaction may be handled differently by different parties
Bonardi & Uzdavinis LLP is a law firm that specializes in real estate. It can help owners who have decided on the best way to sell their property. Lawyers will review and guide the seller to the closing.
Owners who cannot agree on a division can choose between two options: a partition in kind or a partition by sale.
The Partition Process: The Complaint
Florida Partition Process is Florida Statutes Chapter 64 “Partition of Property”. Florida Statutes state that the complaint must include these elements:
- A description of the land that is requested.
- According to his best knowledge, the plaintiff must provide “the names and addresses of all joint tenants, tenants-in-common, coparceners or other persons who are interested in the property.”
- The quantity of each individual
- Other issues that may help the court better understand the issue
In the complaint, it should be noted that certain details such as the co-owners’ addresses are unknown.
The Partition Process – Initial Court Review & Commissioner Panel
The court will decide if the partition action is valid. The court will check who the owners are and whether or not the petitioner is authorized to file the claim. The court will determine if partitioning is the best solution.
If the owner or the judge are unable to reach an agreement, then they can nominate a panel of 3 commissioners who will manage the case. The commissioners inspect the property to look for problems. They can designate a person to inspect the property. They can give a judge a recommendation. They make sure that the case does not end in a draw.
Within 10 days after receiving the report, owners who disagree with the commissioner’s findings can file a formal complaint. The judge will decide if these exceptions are valid.
After the judge accepts the report of the commissioners, or resolves the exception, the new person will be appointed to sell the property.
What are the types of real estate partitions in Florida?
Two types of partitioning actions exist:
- Partition according to kind. It is possible for each owner to divide the property into equal shares, but it’s rare. If the property is only land, this may be possible. It is not usually possible to divide a property if there is a house, condo, or other residence on it.
- Property sold in pieces. The property is usually sold, and the proceeds divided. Normaly, the judge will appoint someone to sell the property at a public auction. This will mean that the usual method of listing a property, then negotiating with buyers is not used.
Owners should resolve disputes as soon as possible. Auction sales tend to be cheaper than traditional sales. After a judge has approved the division, owners may decide to sell the property through agreement. Auctions are more expensive than sales by agreement.
What is the division in proceeds of a Florida Petition.
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. 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.
The court can also adjust the amount owed based on whether maintenance or repairs were paid by you.
The net proceeds are divided according to the ownership interest of each seller. The net proceeds are split according to ownership interests of each seller.
What can a Florida Partition Attorney do for you?
A Florida real estate attorney who is experienced in property division can help.
- Ask if a settlement or buyout is possible.
- Can file suit for you in a divorce case
- Can I represent the seller at a private auction?
- What are the advantages and disadvantages of partitioning?
- Consult with professionals to determine if it is possible to divide goods
- I will make all necessary exceptions
- The documentation can be very useful when it comes to repairing and maintaining your car.
- Existence of a real estate interest
Florida Partition Lawyer
If you are co-owners with people who do not prioritize your needs, then it may be time to separate.
Our Florida real-estate lawyers at Bonardi & Uzdavinis LLP are able provide you with compassionate advice.
Every property owner deserves to receive legal advice and tailored solutions that meet their individual needs. We will aggressively defend your legal right throughout the process of partition.
Call us today at (813) 541-42019 to get started.
You can request an appointment online. We will listen to your concerns, fully understand them and help you find a solution.
This article was written by a Bonardi & Uzdavinis professional. Bonardi & Uzdavinis LLP, a boutique full-service law firm, provides its clients with a variety of legal representation. Our main areas of practice are real property attorney tampa, probate, commercial litigation, personal injury and construction. Contact us for a free case evaluation if you need a personal injury or real estate attorney in Tampa Bay.
