PARTITION ACTIONS IN FLORIDA
TO DIVIDE REAL PROPERTY BETWEEN OWNERS
Many property owners in Florida own property by virtue of a Will, a divorce, or death of another title holder. Or perhaps the property was passed down during the life of the prior owner or family member. This leaves you to own the property with someone else, who may or may not share the same interests or desires as you with regard to the property. For example, you may want to sell it and divide the proceeds, while the joint owner wants to rent it out.
When these types of matters, and the real property must be divided among owners, the action is called a Partition Action in Florida. A partition is the dividing up of real property among the legal owners. A partition action is a lawsuit against the other owner where the party bringing suit is asking the court or Judge to decide what to do with the property. In a partition action, the Plaintiff, or party bringing suit, can ask the court to either divide the property half and half among the owners, or order the sale of the real property, where the proceeds of the sale would be divided equally, with the person bringing suit recuperating their attorneys fees and costs from the other sides share.
While not all partition actions result in an equal division, for instance if one of the property owners spent money to improve the property, pay the mortgage, insurance, taxes or other amounts, the court may deem they require reimbursement or a larger percentage share.
Rather then rushing into a complex transaction such as this, have a real estate litigator review your options with you. Often times, when getting an experienced attorney involved, the parties can resolve their differences out of court, avid costly litigation, for the benefit of all involved. This will insure that you are protected.
At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements of partition actions and represent numerous plaintiffs and defendants in these actions. Let our team go to work for you and protect your interests.
About the Author:
Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate Litigation Group. With over 17 years experience as a real estate lawyer in the business of real estate, including holding a dual degree in Accounting, her broad knowledge of real estate law and partition actions protects and serves the clients we represent.
Call us today to set up an appointment to discuss your specific needs. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
CORAL GABLES, FL 33146
TEL. 305 669 5280