Amend Law

If co-ownership of a home can become a source of conflict instead of an asset that is shared, Florida law provides a specific, but formal way to get out that is known as the Partition Act.

According to Florida Statutes Chapter 64, every co-owner, regardless of their percentage of ownership — has a virtually absolute right to demand the partition. No matter if you’ve acquired a home together with siblings, or bought an investment through a partnership You don’t have to be. This is a frank guide to the process of filing along with the process and what happens when you enter the Florida courtroom.

Key Takeaways

• “Absolute” Right “Absolute” Right: You don’t need an “good justification” to partition the file. The fact that you no longer want to be a co-owner of the property is legally valid in the eyes of Florida law.
• The paperwork is precise Filing a complaint requires an official Complaint with a Lis Pendens, which is a request that will “freeze” the name and evidence that the title is owned (the the Deed).
• Mediation First Florida judges nearly always require mediation prior to allowing cases to go to trial. They prefer owners to reach an informal settlement.
• Accounting and Credits: The final payment isn’t always a simple split. The justices is likely to “balance balance the accounts” depending on the person the person who paid taxes or insurance and also for repairs.

What Paperwork Do I Need to Start?

A partition case is more than filling out a single page in the courts. As you’re asking the court have control over real estate properties and property, your paperwork should be exact.

1. The Verified Complaint

• The claim’s “opening arguments.” According to F.S. SS 64.041 Your complaint must include:
• A complete legal description of property.
• The addresses and names of all co-owners and anyone who has any stake in the land (such as mortgage holders or lenders).
• A declaration of ownership percentage (50 percent, or 33 percent and so on.)
• A court request to either divide the land, or most often, sell it.

2. The Lis Pendens

This is an important document that is recorded in the public records of the county. It is an open “warning” to the owner that their property could be subject to lawsuit. The reason this is important: It stops the owners from selling your home out of your hands or taking out a hidden mortgage while the suit is in the process.

3. The Deed and Financial Records

Although it is not necessary to file the complaint, it is essential to be sure to have the Guarantee Deed as well as your Quitclaim Deed prepared. In addition, you should begin collecting receipts for each dime you’ve spent on your property, including mortgage statements, tax bills for property and insurance premiums. These will be essential in this “accounting” stage.

Step-by-Step: The Partition Process

The process from filing to receiving a payment typically lasts between 6 and 12 months. Here’s how it goes:

Step 1: Filing and Service

After your attorney has filed the complaint, all co-owners (the defendants) are required to be officially “served” by an official process server. They typically get 20 working days to respond.

Step 2: The Discovery Phase

This is known as the “investigation” time. Both sides exchange documents. This is when you can show that you have paid for the roof in 2024 or where the defense attempts to demonstrate that you lived in the property rent-free whereas they were not.

Step 3: Mandatory Mediation

Florida Judges are now more concentrated than they have ever before on getting their dockets cleared. There is a chance of an order for mediation that is mandatory. An impartial mediator is expected to meet with everyone to determine whether a buyout is reached. This is the final chance to cut down on thousands of legal costs.

What to Expect in Court

If mediation is unsuccessful, the case will be referred to the possibility of an Interlocutory Judgment. This is a fancy word for the judge’s preliminary ruling which states, “Yes, a partition is necessary.”

The Appointment of a Special Magistrate

In the majority of residential cases, the judge won’t be able to personally sell your home. Instead, they’ll appoint an Special Magistrate or Commissioner. The person in charge is an officer of the court’s hand and foot. They’ll:

• Organise for an appraisal by an outsider.
• Engage a real estate broker to advertise the property.
• Review the offers and provide a report before the judge.

The “Accounting” Hearing

Prior to the distribution of any funds there will be a second hearing to determine Equitable Accounting. The judge will examine the sale’s total profits and then make adjustments to for the “split.” If you paid all taxes and fees, your judge can “credit” you with a portion of the cost from the share of the other owner.

The Final Payout

When the house is sold and an accounting is complete The court issues a Final Judgment on Partition. The proceeds will be used to pay:

1. The mortgage, as well as any other liens.
2. The Special Magistrate’s fee.
3. Attorney’s costs (under F.S. SS 64.081 They are usually split in proportion).
4. The balance is due from the proprietors.

Are you ready for a solution to the fight and increase the value of your home? Contact Bonardi & Uzdavinis today to start an application to file your divorce case.

Frequently Asked Questions

What can I do to get a a partition in the event that there’s a mortgage?

Yes. However, the mortgage has to be paid completely from the sale proceeds before a co-owner can receive any money. If the property is “upside down” partitioning may not be financially viable.

Does the other owner have the right to be able to stop the deal by not signing?

No. After the Court has ordered a partition and approves that order, the magistrate appointed by the court can sign closing papers to all the owners. Signatures of an non-cooperative the owner’s signature isn’t required.

What happens if you have “Heirs Property” that was inherited from someone in the family?

Florida recently approved Florida recently passed the Uniform Partition of Heirs Property Act. It provides additional protections for land passed down through family lines for example, requiring co-owners to get first rights to buy out the owner who wishes to sell their property before an public auction can be an alternative.

Does a partitioning process always result in an auction?

The past was when a lot of auctions concluded with an “courthouse step” auction. However, nowadays Florida courts favor the concept of an “Open Market Sale.” This permits that the home to be advertised on the MLS using traditional Realtor in order to guarantee the highest price possible for all parties affected.

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, probate attorney st petersburg fl, 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!