The cousins James and Michael thought they had everything figured out before they bought a rental property together. It was all going well until things began to change. James wanted to spruce the place up, believing that redecorating and increasing the rent would generate even more income. But Michael wasn’t having it — he thought the property was perfectly fine as it was and didn’t see the point of paying for anything extra. So every time that James proposed improvements, Michael shot it down as not having been needed and a waste of money.
Things escalated from minor disagreements to major arguments. They ended up just not speaking at all. The business they were so enthusiastic about began to fall apart, and the place sat there, slowly rusting as maintenance was neglected and their partnership dissolved. None of them thought about partition action in Florida.
The Breaking Point
The last straw came when James discovered that Michael had been pocketing part of the rent money without informing him. Seething, he told Michael he wanted to buy him out, but when he refused, Michael was furious.
James felt completely stuck. He was all tied up in the property, but he couldn’t do anything without Michael’s blessing. And with all the legal complications surrounding the property, selling it was out of the question too — no one was going to want to risk that kind of headache.
Finally, a real estate attorney offered him a solition— he recommended James file a partition action Florida to legally divide or sell the property and move on.
Power of a Florida Partition Action
Initially, James didn’t want to sue — suing his own cousin seemed extreme. He deliberated for a long time, hoping for another way out. But ultimately he found he had no option. A Florida partition action essentially allows the court to intervene and resolve the matter by compelling the co-owners of property to either buy one another out or sell the property.
Things happened quickly once James filed. Michael had little choice but to come to the table. The court decided that the fairest thing to do was sell the property and divide the cash.
A New Beginning
When the duplex sold, it sold for more than either of them had anticipated. James used his share to purchase another property — one that he could manage exactly how he wanted, without any contention. Michael took his share and launched a business more in line with his interests.
Hindsight, James reflected — delaying the lawsuit had merely prolonged the anxiety and cost. Bringing the partition action was the clean break they both needed to move on with their lives.
The Lesson? Don’t Allow Business to Destroy Relationships
Many people are reluctant to file a partition action due to a fear that they would be creating conflict. But delaying too long can make matters worse. If you are embroiled in a co-ownership dispute, a partition action may be the simplest way to keep the peace — before things are so bad that your business issues become personal ones. The best way to move forward sometimes is by taking action.
As a legal advisor Rocky Rinker provides strategic assistance to Florida partition action cases. The team assists clients to find prompt and equitable solutions to their concerns. Contact Rocky Rinker for personalized advice to address your particular situation.
