What is a Partition Action? When Does It Apply In Florida?

What is a Partition Action When Does It Apply In Florida When you or another party owns a property with you, and the two of you cannot agree whether to keep it together or who will retain it, a partition action is brought. You can turn to the courts and legal avenues in such a situation to help you get rid of this property. You and the other parties involved are going through divorce and need legal advice to help you decide how to dispose of this property.

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Who can file a partition action in Florida?

A real estate lawyer can help any joint owner of a land parcel who no longer wants to own it jointly. If you share at least a small interest in a piece of land with others, you can bring a partition suit.

What Are the First Steps to Initiating a Partition Action in Florida?

To initiate a parting action, you must first file a lawsuit with the clerk of courts and ask for a partition. The lawsuit will be filed in the county court where the parcel is located and not the one where you live.

What documentation is required to file a partition action?

A lawyer can assist you in drafting a complaint for a partition action (also called a lawsuit). You will also need to provide a copy any recorded deed that shows your joint ownership with others of the property parcel. Bonardi & Uzdavinis LLP has served Florida as a real estate attorney for many years. They have helped clients like you navigate through partition actions, and he can help you let go of a contested real estate property legally and easily. Do you have any further questions regarding real estate or partition actions? Call Bonardi & Uzdavinis, LLP at (813) 540-2019 to schedule a consultation.

What are the potential legal outcomes of a partition action?

A “special master” is appointed once the court or clerk has intervened in the dispute. This is a neutral third-party attorney who was hired to act as the special master. After the lawyer has determined the value of the home, you can buy out the other owners. The court can force a sale if you and the other owner cannot agree or are unable to afford each other. The parcel will be placed on the market for sale by an estate agency.

How long does it take to complete a typical partition action in Florida?

If you and your partner can quickly agree on the best course of action, a partition action may be quick. Some cases are resolved within three months while others can take up to one year. The complexity of the parcel and the value of the property can affect the time it takes to divide the parcel. Parcel with unique or multiple features can take more time to divide. You’ll have to wait until the parcel sells if the court orders a sale. It could take very little time or a long time depending on the speed at which a buyer is found.

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What is a Partition Action When Does It Apply In Florida

Can a Partition Case be resolved without going to court?

You and the other co-owner or owners of the parcel would like to reach an agreement before filing a lawsuit. Partition actions can be used only as a last option when parties cannot communicate and reach an agreement. You should be aware that filing a part action can cost a lot of money. You’ll have to pay court fees and possible real estate agent fees if a court orders a sale. It’s better to list the property as for sale, or to come to an agreement out of court with the other parties to avoid the fees and process. An attorney who specializes in real estate can be very helpful during this phase, as they will help you to communicate your ideas and wishes to the other parties objectively to avoid a lawsuit.

How can an attorney help me file a partition action?

A knowledgeable real estate lawyer can help you file a parting action if that is what you need. A real estate attorney can help you mediate between joint owners, if you are unable to interact calmly or safely with them anymore. It is especially useful if the communication between the parties has been severely damaged or if a party has become violent. You can safely leave a situation and let a professional handle the next steps. Do not let a property dispute cause you stress, hinder your plans or tie you down. A consultation with a lawyer is the best way to get more information about Partition Actions in Florida. Call (813) 540-2019 to get the legal information you need.

Feel Free To Schedule A Consultation

Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.

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