Do you own property with a family member or another person? Are you having trouble agreeing on what to do with it? When co-owners of property are not in agreement on how it should be used or whether to sell, the disagreement could result in filing a real estate partition lawsuit to resolve the dispute. A real estate partition lawsuit typically results in the property’s sale, or the property being divided between owners. Both residential and commercial properties may be the subject of a partition lawsuit when there is a dispute.
If you are considering a partition lawsuit against another party or if one has been filed against you, Attorney Carlos M. Amor may guide you through the legal process. Attorney Amor and his Plantation law firm have 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 may 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 about partition actions in Florida. 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 may happen when two or more people co-own real estate property, whether 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 may not agree on what to do with it. For example, one party may want to sell it and receive the money from a sale, while the other may want to live or rent it out. Ultimately, if the case goes to trial, the court will determine the rights and interests of the parties involved and decide on a 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 parties’ goals, the land may be equally divided. Other 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, partition lawyer Carlos M. Amor may 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
The right of partition is absolute in Florida. You may not be forced to keep a property you do not want to keep. 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 the property is divided up. How the court resolves it will depend on the type of property involved and the case’s unique circumstances.
Winning a partition action may mean different things depending on the circumstances. 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 selling it on the open market. If 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 sensitivities and complexities. Once Attorney Carlos M. Amor understands your case’s details, he may advise you about the steps to take toward winning a partition action in your situation. It is important to note that not every partition situation results in a court-ordered sale or division of property. 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 may help you understand the most beneficial approach based on your situation. You do not want to leave the division of property you own up to someone else or the court. Get involved today with the help of our real estate partition lawyer.
Our Plantation Real Estate Partition Attorney Addresses Common Questions
Partition actions are often very confusing. While in the following sections, we answer frequent questions in general terms. You will need to speak with an attorney experienced in real estate partition actions to obtain specific answers for your situation.
Contact Florida real estate partition attorney Carlos M. Amor with your concerns by calling (954) 453-7200. He will listen to your concerns, answer your questions, and help you have a clear understanding of how partitions work under Florida law.
How Does a Partition Sale Work?
When the Florida court orders a property, it may be sold at judicial auction to the highest bidder through a private sale overseen by a court-appointed clerk or magistrate or through a private sale based on an agreement between co-owners. Once the property is sold, the proceeds will be divided into percentages based on ownership interests.
Partition actions may become more complex if a mortgage or other entity has a lien on the property. In this case, it is especially important to get the assistance of a foreclosure defense attorney 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 may be resolved through negotiations or mediation. Costs involved in partition actions include attorney fees, court fees, appraiser costs, land surveyor costs, title search fees, and potentially other expenses. To better understand 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 and court scheduling issues. Partition actions that may be resolved outside the courtroom often take significantly less time. Depending on how agreeable the co-owners are, it could take just a few months. Attorney Carlos M. Amor seeks to help clients save time and money by seeking opportunities to resolve 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.
May a Partition Action Be Stopped?
In most cases, a partition action may not be stopped. There may be some situations in which parties buy properties together and have contracts saying that partition actions cannot be filed, or they may 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 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 may seek to negotiate or mediate a resolution. If they may achieve a settlement to the satisfaction of all co-owners, 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 consultations, by phone, via video meeting, or in person. Call Carlos M. Amor, our real estate partition attorney, at (954) 453-7200.
Contact an Experienced Florida Real Estate Partition Attorney for Help
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 may 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 an in-depth understanding of the laws relating to the partition of property in Florida.
Learn how our law firm may help you by calling (954) 453-7200 today to schedule a time to speak with him.