What is a Partition Action in Florida?
When people think of co-owning property, they typically imagine owning property with someone they love, such as a spouse. However, there are times when people co-own property with someone they do not get along with. If you have a conflict about a home, a plot of land, or other real property, you may want to consider a Florida partition action.
When are Partition Actions Necessary?
Many people cannot imagine how they could ever own property with someone they cannot get along with. It actually happens more than many people think. These situations arise for many reasons, including:
- A couple that is not married may purchase property, such as a home, together and then break up;
- Married spouses may jointly purchase property and then get a divorce;
- Business partners may purchase property together for business purposes; or
- Relatives may inherit property together, such as someone leaves a family home ‘to the children’.
In the above situations, or others when property owners cannot agree how to use the land, a partition action can be filed. A partition action essentially asks the court to divide the jointly owned property so each owner has their own individual share.
How is Jointly-Owned Property Divided?
Sometimes, dividing property is relatively straightforward while in other instances, it is much more challenging. There are three ways the court will divide jointly-owned property and they are as follows:
- Physical division: Certain types of property, such as a plot of land in a rural setting, can be physically divided into individual parcels.
- Sale: Other types of property, such as a family home, cannot be physically divided into separate portions. In these instances, a court may order the sale of the property with the co-owners dividing the proceeds of the sale among themselves.
- Appraisal: Sometimes, one owner may not want to co-own the property any longer, while the other owners still want to keep the property. In these instances, the property is appraised and the co-owner leaving the co-tenancy can sell their share to the other co-owners based on the appraisal value.
When a partition action proceeds to trial, partition by sale is the most common. Partition by appraisal is more common when the parties can reach an agreement and settle the matter outside of court. Properties are usually only physically divided when they are an undeveloped plot of land. This is due to the fact that once a home or other property is built on the land, that portion is of a higher value than the acreage around it.
How are Expenses Split
Co-owners are liable for expenses related to the property based on their proportional ownership share. Meaning, if two individuals own a property, each is responsible for half of the expenses related to the property. If one co-owner has been paying for all or more than their proportionate share, that co-owner is entitled to a ‘contribution’ from the other co-owner(s). This contribution process has many rules and intricacies that govern their application.
Our Partition Lawyer in New Port Richey Can Help with Your Case
If you co-own property with others and you no longer wish to remain in that arrangement, you need legal help. At Messina Law Group, P.A., our New Port Richey partition lawyer can help you petition the court and give you the best chance of a favorable outcome. Call us today at (813) 492-7798 or chat with us online to schedule a consultation. We can meet with you in New Port Richey, Wesley Chapel, Tampa, or Dunedin.
Source:
flsenate.gov/Laws/Statutes/2018/Chapter64/All
