Partition Settlement Agreement Without Court In Florida
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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.
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”
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.
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.
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.
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”
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.
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.
Litigants or parties representing themselves in court without the assistance of an attorney are known as pro se litigants. "Pro se" is Latin for "in one's own behalf." The right to appear pro se in a civil case in federal court is contained in a statute 28 U.S.C. § 1654.
