A partition lawyer is a key player in the complex process of ending co-ownership in real estate. They provide legal advice and representation to ensure a fair outcome for their client. Retaining a partition lawyer will provide you with the legal expertise and strategies to manage the process effectively if your co-owner is not taking the discussions about the management of the jointly owned property seriously. In this article, we will explain what a lawyer does in order to complete a property partition.
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Filing a Complaint for Partition
A real estate partition lawyer in Florida plays a critical role in filing a partition action complaint when co-owners face disputes regarding property ownership. The complaint outlines the co-owner’s interest and seeks the court’s intervention to either divide or sell the property for a fair resolution. It is not necessary to provide a reason for filing, as the goal is to achieve a just outcome for all parties involved. A real estate partition lawyer familiar with the intricate laws governing partition actions can assess your case, streamline the legal process, and ensure the best possible outcome. With the recent updates to Florida’s Partition Statutes, including the Uniform Partition of Heirs Property Act and the Partition of Real Property Act in 2023, it’s essential to have legal representation well-versed in these changes. After the complaint is filed, a real estate partition lawyer will ensure that all defendants are legally notified and that the summons and complaints are served promptly, which can expedite the partition case and help resolve co-ownership issues more efficiently.
Property divided or sold by court order
The majority of partition actions result in a sale or an agreed buyout. This requires that an attorney work through all the legal proceedings while the court orders for the property to be advertised for sale. The court will appoint an arbitrator to oversee the proceedings, and that arbitrator will then hire a Realtor who will list the property in the Multiple Listing Service so it sells for its full value.
Accounting for offsets in co-ownership
Every partition action will include a final accounting based on equity principles for both charges as well as credits against each cotenant’s interest. Credits are expenditures that exceed the fractional share of each co-tenant for repairs, improvements to the property which increase its value, taxes and payments for principal and interest of mortgages and other liens. They also include insurances for the benefit of all co-tenants, protection of title, and taxes.
Negotiating Alternatives to Sale by Partition
In Florida, any co-owner, regardless of ownership stake, can bring a partition suit. The right to partition is absolute in Florida. This means that any co-owner, regardless of their ownership share, can pursue a partition action. It is not just a matter of grace to grant it. The attorney will ensure that you are able to enforce your right to partition, even if there is a co-owner who wants to stop the sale. A partition lawyer can assist in negotiations when a co-owner who is already in possession proposes to buy out plaintiff’s interest. A partition lawyer can negotiate settlement agreements on behalf of clients and obtain a sum equal to the value that the co-owner is giving up. A partition lawyer can negotiate for you to avoid the stress, time and expense of prolonged litigation. The attorney may also suggest other partition options that are more tailored to your case. Partition by appraisal, for example, involves a buyout using an appraisal method that has been agreed upon, as well as a division in kind when necessary.
Overcoming Delays
The most important role of a part attorney is to eliminate delays. The defendants often know that a successful partition action will result in the sale of property they cannot afford as sole owners. Partition attorneys must be able to request court action properly and in a way that avoids delays. It is important to have a thorough understanding of civil procedures and use tested methods that are approved by judges.
Career as a Partition Lawyer
Partition lawyers are attorneys who have a passion for helping clients with real estate law. As clients expect high-quality professionals to help them end their co-ownership, the salaries are comparable with those of mid-sized firms. In fact, Florida’s partition law involves some of the highest-priced real estate in the nation. The position can benefit from a background in real property law, real estate financing, civil procedure and litigation, as well as real estate transactions. Bonardi & Uzdavinis LLP offers more information about available positions for lawyers, law clerks and other legal professionals.
Bonardi & Uzdavinis LLP can help resolve co-ownership disputes
Experienced attorneys can achieve better results and lower costs than firms with less experience. Bonardi & Uzdavinis LLP, with four full-time partition lawyers, is the number one partition law firm in Florida. They have handled many partition cases throughout Florida. Call 813-540-2019 or contact us online for a free consultation.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
