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How Long Does A Typical Partition Action Take In Florida? A partition action can be quite speedy if you and the other party can agree quickly on what to do. 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.
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.
How Long Does A Typical Partition Action Take In Florida? A partition action can be quite speedy if you and the other party can agree quickly on what to do. 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.
Partition is the right that an owner has to divide real estate that he/she owns with another. Chapter 64 of the Florida Statutes allows co-owners that own real property along with others to force not only the division of that real property but also the sale of it.
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.
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 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.
—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.
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.