Can One Owner Sell a Jointly Owned Property? Generally, one co-owner cannot sell the entire property without the consent of the others. However, in a tenancy in common, a party may sell their interest without seeking consent from the others.
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.
The owner who no longer wants ownership of the property can ask the court to force a sale in lieu of partition. Rather than continuing to co-own the property, the court can force the owners to put the house up for sale.
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.
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.
Partition definition: it is defined as a room divider or wooden partition wall constructed from a sturdy material such as glass, bricks, or wood studs, whose sole purpose is to be a room divider and separate one room from another.
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.