Property is often owned by two or more people. It is a matter of choice. A couple, for example, may decide to buy a house together. A group of friends who have known each other for years may decide to invest in a property. Co-ownership can also be a result of other factors, like siblings inheriting their parents’ home or land.
If multiple people own a property together, they must make decisions collectively. Not everyone can agree. If an owner, or owners, cannot solve a problem on their own, they can file a partition. In Florida, a civil court can determine how best to handle jointly owned properties by filing a suit for partition.
FILING A POLITIK
It is difficult to understand a partition, which involves the division of property between two or more owners. This can be complicated if you do not have legal counsel. Consult a Florida real estate attorney who is familiar with the Florida laws if you’re considering filing for a Florida property partition.
Only the owner of a property can file a partition action in the county where the property is located. The complaint is the key document of this process and must include several important details:
- Include the property boundaries and any other information relevant to the property in the description.
- The complaint must contain the names of all owners. The complaint must contain the names of all owners – whether they be individuals, corporations, or other entities.
- Include the current addresses of all owners. It is important that the owners receive all the legal notices regarding the action.
- In the complaint, it must be stated clearly what percentage each party owns. To determine the final division of the property, it is crucial to know what percentage each party owns.
It is the responsibility to the complainant to specify any unknown information. To ensure that the complaint is processed quickly, it’s important to note and describe any missing information as unknown.
PARTITIONING DIVISIBLE LAND
The court can appoint an independent commissioner to supervise the partitioning if the plaintiff proves their rightful ownership. The parties can choose these commissioners or the judge may do so.
They can divide land properly. If necessary, they can hire a surveyor who will divide the land. The commissioners, for example, will decide on how to divide a parcel that is owned by two individuals. The commissioners then file a court report after determining the outcome.
The report will be available for a period of 10 days. If there are no objections, the court will grant each party quiet title over the land.
PARTITION OF NON-DIVIDABLE LAND
Some property can’t be divided. Three siblings with equal interests cannot divide the house of their parents. In this case, a partition suit could be filed to force a sale and divide the proceeds among the co-owners.
The commissioners in this case are tasked with determining whether the land is really non-divisible, as the plaintiffs assert. If the commissioner informs the court that this is true, the court can order the commissioners to sell the land at auction.
The proceeds of the sale will be split among the owners according to who paid the down payment, mortgage, property taxes and improvements. The co-owners will not be paid until all mortgages and liens are satisfied.
Call a Florida real estate lawyer for help
Contact Bonardi & Uzdavinis LLP if your Florida real estate division requires assistance. This could be for property shared by family, friends, former partners, business partners, or romantic partners. Our Tampa-based attorneys are ready to provide expert advice and help you navigate the complexities of forcing a real property decision. For immediate assistance, call us at (813)540-1919. Our attorneys are experienced and will guide you through each step. Contact us to discuss your situation and explore your options.
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 clearwater fl, 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!
