Do you own property with a family member or other person? Are you having trouble agreeing on what to do with it? When co-owners of property aren’t in agreement on how it should be used or whether to sell, the disagreement could result in the filing of a real estate partition lawsuit to resolve the dispute. A real estate partition lawsuit typically either results in the sale of the property or the property being divided between owners. Both residential and commercial properties can be the subject of a partition lawsuit when there is a dispute.
If you’re considering a partition lawsuit against another party, or if one has been filed against you, Attorney Carlos M. Amor can guide you through the legal process. Attorney Amor and his Plantation law firm have successfully helped many people involved in property disputes and other real estate issues in Florida. He is deeply knowledgeable about Florida Statute Chapter 64, the law that governs real estate partitioning in the state. You can rely on him to bring his in-depth knowledge to bear on your case as he works to get you the most satisfactory solution.
Call our law firm today at (954) 453-7200 to schedule a time to speak with real estate attorney Carlos M. Amor. We offer free consultations by phone, via video meeting or in person.
What Is a Partition Lawsuit?
A partition lawsuit is a legal action filed with the court to force the sale or division of a property. It can happen in any situation in which two or more people co-own real estate property, whether the property in question is a single-family home, undeveloped acreage, or commercial property.
One situation in which partition actions are perhaps most common, is when siblings inherit a deceased parent’s home and cannot agree on what to do with it. One party may want to sell it and get the money, while the other may want to live in it or rent it out, for example. Ultimately, if the case goes all the way to trial, the court will determine the rights and interests of the parties involved and decide on the resolution.
Typically, for a single-family home, the court will order it to be sold and the proceeds divided. In cases of larger undeveloped properties, and depending on the goals of the parties involved, the land may be equally divided. Other more common reasons for partition lawsuits involve unmarried couples who split up and business partners who end their partnership and disagree about what to do with the property.
Whatever side you are on, whether you are filing an action or have had one filed against you, attorney Carlos M. Amor can answer your questions and represent your interests. Contact Carlos M. Amor today to arrange a free consultation by calling (954) 453-7200.
How to Win a Partition Action in Florida
Our Experienced Real Estate Partition Attorney Protects Clients’ Rights
The right of partition is an absolute right in Florida. You cannot be forced to keep a property you don’t want. When you bring a partition lawsuit to force the sale of a house or other property, if it goes to trial, it will almost certainly be resolved through partition by sale or partition in kind, which is when property is divided up. How it is resolved by the court will depend on the type of property involved and all the unique circumstances of the case.
So, depending on the circumstances, winning a partition action can mean different things. If you want to keep the home for example, and your sibling has filed a partition action to sell it and get the money, you could pursue a buyout option of the property, rather than having it sold on the open market. If it is granted, you will pay your sibling or siblings for their percentage of ownership and you will get to keep the home.
Every situation is different and has its own sensitivities and complexities. Once Attorney Carlos M. Amor understands all the details of your case, he can advise you about the steps to take toward winning a partition action in your situation. It’s important to note that not every partition situation results in a court-ordered sale or division of property. In fact, most are resolved outside of the courtroom. Even if a real estate partition lawsuit has already been filed, the parties involved may still be able to resolve the situation through negotiations or mediation and get a better result for all parties involved.
Our law firm provides free consultations, by phone, via video meeting or in person. Reach out today at (954) 453-7200 to schedule a time to speak with our real estate partition attorney, Carlos M. Amor. He can help you understand the most beneficial approach based on your individual situation.
Our Lawyer for a Partition Action Addresses Common Questions
Partition actions are often very confusing. While in the following sections we answer common questions in general terms, you’ll need to speak with an attorney who is experienced in real estate partition actions to obtain specific answers for your situation. Reach out to Florida attorney Carlos M. Amor with your concerns by calling (954) 453-7200.
How Does a Partition Sale Work?
When the Florida court orders a property to be sold, it may be sold at judicial auction to the highest bidder, or through a private sale overseen by a court-appointed clerk or magistrate, or through a private sale based on agreement between co-owners. Once the property is sold, the proceeds will be divided in percentages based on ownership interests.
Partition actions can become more complex if a mortgager or other entity has a lien on the property. In this case, it’s especially important to get the assistance of a foreclosure defense attorney who is skilled in handling partition lawsuit cases to ensure your interests are safeguarded.
How Much Does a Partition Action Cost?
How much a partition action costs is based on the complexity of each case and how long it takes. Every partition lawsuit is different. Those that go to trial are usually more expensive than when an action can be resolved through negotiations or mediation. Costs that may be involved in partition actions include attorney fees, court fees, appraiser costs, land surveyor costs, title search fees and potentially other expenses. To get a better idea of what your partition action may cost, speak with Plantation real estate attorney Carlos M. Amor.
How Long Does a Partition Action Take in Florida?
If a partition action goes to trial, it may take a year or even more, depending upon all the factors involved in the case, as well as court scheduling issues. Partition actions that can be resolved outside of the courtroom often take significantly less time. Depending on how agreeable the co-owners are, it could take just a few months. Carlos M. Amor seeks to help clients save time and money by looking for opportunities to negotiate resolutions to property disputes. However, he always thoroughly prepares cases as if they are going to trial, so you receive the strongest legal representation no matter how the case progresses.
Can a Partition Action Be Stopped?
In most cases, a partition action cannot be stopped. There may be some situations in which parties buy properties together and have contracts in place saying that partition actions can’t be filed, or they can be filed only based on specific circumstances. If a contract with such terms were to be found, that could potentially stop or delay the action. Provisions in a will may impact partitioning. Some other possible defenses to partition actions in Florida might be challenging the other party’s ownership standing or alleging “unclean hands,” which means the party engaged in some kind of fraudulent or deceitful behavior related to the property or partition lawsuit. Our law firm will examine your case for possible defenses.
Anytime during the partition process, parties can seek to negotiate or mediate a resolution. If they are able to achieve a settlement to the satisfaction of all co-owners, then they have effectively stopped the action from going to trial and being decided by the court. Learn more by speaking with Attorney Carlos M. Amor.
For your convenience, our office provides free consults, by phone, via video meeting or in person. Call us at (954) 453-7200.
Contact an Experienced Florida Real Estate Partition Attorney for Help
Plantation Attorney Carlos M. Amor Provides Free Consultations
Being in a dispute over property with a family member, friend, former romantic partner, business associate, or other party is highly stressful. Whether you want to bring a partition action, or one is being brought against you, having an experienced attorney on your side can reduce the stress and ensure your rights are protected. Attorney Carlos M. Amor in Plantation is a skilled real estate lawyer and licensed broker with in-depth understanding of the laws relating to partition of property in Florida. Learn how our law firm can help you by calling (954) 453-7200 today to schedule a time to speak with him.