Partition Agreement Template For House In Miami-Dade
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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.
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.
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.
Florida Law requires you to wait at least 20 days from the date you file, and a simplified divorce can take up to as little as 30 days. However, in order for a divorce to move forward, you and your spouse must agree on everything, and this can often take more than a year.
Regular Uncontested Dissolution of Marriage If you don't qualify for a simplified dissolution in Florida, you may still get an inexpensive uncontested divorce by filing for a regular dissolution of marriage along with a complete settlement agreement that covers: property division.
Defenses to the Partition Actions in Florida The only applicable defense to a partition action would be if the owners waived their right to partition. The three ways in which the owners may waive their rights to partition are: (1) verbally, (2) in an implied manner, or (3) in writing.