Florida Complaint for Partition of Real Property

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Multi-State
Control #:
US-02663BG
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Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

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FAQ

Legal Costs: Initiating or defending a partition lawsuit requires an upfront payment of $500. This covers various legal costs, notably court filing fees. Nonrefundable Minimum Legal Fees: Our firm charges a nonrefundable fee of $4500 for either filing or defending against a partition lawsuit.

The complaint must contain the legal elements of partition, including a description of the property to be partitioned, the names and places of residence of the owners, and the quantity or current percentage of ownership held by each owner, which is necessary for the court to determine the rights and interests of the ...

In another words, it is a way for co-owners of land to terminate their relationship with the other co-owners. In a partition case, the Court will order an equal division of the property if the property can be spilt into equal parts of equal value or apportioned ing to ownership interests.

How Long Does a Partition Action Take in Florida? If a partition action goes to trial, it may take a year or even more, depending upon all the factors involved in the case and court scheduling issues. Partition actions that may be resolved outside the courtroom often take significantly less time.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

Under F.S. 64.081, each party is bound to pay a share of the costs by the court judgment.

How Long Does a Partition Action Take in Florida? If a partition action goes to trial, it may take a year or even more, depending upon all the factors involved in the case and court scheduling issues. Partition actions that may be resolved outside the courtroom often take significantly less time.

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.

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Florida Complaint for Partition of Real Property