Partition Agreement Template With Time In Florida
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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.
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.
The lender must sue the borrower and obtain an order to foreclose. Depending on the court schedule and load, it normally takes from 180 to 200 days to complete the foreclosure process in Florida. If contested by the borrower or if the borrower files for bankruptcy, this process may be delayed further.
Under Florida law, the partition process must comply with the Florida Statutes – Chapter 64 – titled “Partition of Property.” The first part of the partition action is the filing of the complaint. By statute, the complaint shall include the following: “A description of the lands of which partition is demanded”
The actual time it takes from when a partition case is filed to when the land is partitioned physically, by sale, or by set-off varies from case to case. In general, partition cases can take several months or even years to resolve.
In Florida, there is no legal process for separation. This does not mean, however, that you and your spouse cannot reach a court-sanctioned proximate agreement that provides a legally binding structure for you and your spouse to carry out separate lives while remaining legally married.
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.