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The Partition Process Step by Step The co-owner seeking division of the property should send a written request to the other co-owner(s) to split ownership of the real estate, ask for the property's sale, and that resulting proceeds be split equally or ing to ownership interests.
The Uniform Partition of Heirs Property Act (UPHPA) is a law in Florida that determines how an estate's property is divided among the heirs after the death of a person. The Uniform Partition of Heirs Property Act usually divides the assets equally among the heirs, with some exceptions.
In Florida, a partial owner of a property can force the sale of a property by filing a partition lawsuit. The term ?partition? refers to a court-supervised process to divide the jointly owned property. It is important to understand that the law may not force anyone to stay as the co-owner of a property.
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.
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.
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.