LSA has successfully implemented a plan to service our clients' needs without interruption. Do not hesitate to reach out to your trusted legal advisors and service team during this trying time. We remain fully at your disposal through phone, email and video conferencing, amongst other means. Some of our employees are working remotely, and as circumstances change we are ready to adjust as necessary, but we are and will remain business as usual in the timely delivery of the highest caliber of legal services and counsel.
Tampa Bay Attorneys
Experienced in Business
Law & Litigation
Property can be owned by an individual, or jointly by several people or entities. This can include friends, siblings, trusts and businesses. The ownership is often as joint tenants or tenants in common. When owners cannot agree on how the property should be used or disposed of, the statutory remedy of a partition action can sometimes be used to resolve the matter. Partition actions are most common when:
A partition action is often viewed as an option of last resort, since it is used when the parties cannot voluntarily reach an agreement on the use or disposition of the property.
Any owner of the property can file an action for partition. The defendants are the other owners of the property. This action must be filed in the county where the property is located. Once this action is filed, the court will determine how to divide the property and the portion to be allocated to each party.
Pursuant to Florida Statute 64.041:
“The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands according to the best knowledge and belief of plaintiff, the quantity held by each, and such other matters, if any, as are necessary to enable the court to adjudicate the rights and interests of the party. If the names, residence or quantity of interest of any owner or claimant is unknown to plaintiff, this shall be stated. If the name is unknown, the action may proceed as though such unknown persons were named in the complaint.”
There are two primary ways to divide property in a partition action, and they are:
Under Florida Statute 64.081: “Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest.”
Partition actions allow joint owners of property to legally separate their interests and use their portion of the land or proceeds at their own discretion. Our experienced attorneys has assisted former spouses, friends, co-habitants, siblings and business owners in securing a property partition in Florida. If you have joint interest in a property and cannot resolve its use or sale,, we can help protect your rights and assure that you receive a fair apportionment of the assets.