Partition Rules In Broward
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—When a judgment of partition is made, the court shall appoint three suitable persons as commissioners to make the partition. They shall be selected by the court unless agreed on by the parties. They may be removed by the court for good cause and others appointed in their places.
If partition by sale is ordered by the court, then the co-owned land will be sold, and under court supervision if necessary. It can be sold by the co-owners at a private sale or at a public auction, and the proceeds of the sale are split ing to each co-owners percentage ownership of the real property.
Typically, a partition lawsuit in Florida spans 9 to 12 months. This period encompasses approximately 12 hours of legal work, which includes filing the lawsuit, court proceedings, and reaching a resolution. However, this is an average estimate, and the actual time can vary based on several factors.
Some cases can be resolved in three months, whereas others take up to a year. This can depend on the valuation of the property and how complex the parcel is. Parcels with multiple structures or unique features may take longer to partition. If the court forces a sale, you'll then have to wait for the parcel to sell.
While it is possible to file a partition lawsuit without a lawyer or “Pro Se” in Florida, it is highly recommended to seek the assistance of an experienced partition attorney. The process can become complex, and having a knowledgeable litigator on your side can help protect your interests and maximize your recovery.
Additionally, Florida's partition statute is available in the same manner for personal property, such as a mobile home, R.V., vehicle, or boat, that is jointly owned pursuant to Fla. Stat. §64.091.
To successfully bring a property partition case, the parties must demonstrate an irreconcilable difference in their asset holdings. They should also argue that the division of assets would be in the best interests of both parties.
If the only asset that the deceased person owned was a motor vehicle, mobile home or RV, then Florida law allows for the certificate of title to be transferred to the designated heir without a formal court proceeding.
Typically, a partition lawsuit in Florida spans 9 to 12 months. This period encompasses approximately 12 hours of legal work, which includes filing the lawsuit, court proceedings, and reaching a resolution. However, this is an average estimate, and the actual time can vary based on several factors.
Each mobile home park shall contain at least five (5) acres, shall be limited to seven (7) mobile home spaces per gross acre, and shall have not less than ten (10) mobile home spaces completed and available at first occupancy. The park shall have unobstructed access to a publicly maintained street or road.