Any owner of the property may file for partition. This is a court case in which the owner asks a judge to divide up the property. Typically, this results in the judge ordering the property sold at auction. Anyone, including investors from outside the family, may buy the property at a sale.
A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of “Partition”.
A partition action usually takes between six to nine months depending on the circumstances and the complexity of each case. The most significant factor is whether the partition is being handled by an attorney who practices only in partition law.
It must be filed with the Clerk of Court in the Superior Court division of the county (or one of the counties) where the real estate is located. The Clerk will act as the judge in the case and will appoint at least three neutral parties called commissioners to oversee the property's division.
A partition action is a lawsuit between co-owners of real property who cant agree as to any aspect of the management of the property, or for example, whether to sell the real property. Partition actions are governed by Chapter 64, Florida Statutes.