Two or more people often own property. It’s a choice. For example, a couple may decide to purchase a home together. Friends who have been friends for many years might decide to invest together in real estate. Other factors can lead to co-ownership, such as siblings inheriting their parent’s home or land.
When multiple people share ownership of a property, they have to make decisions together. Not everyone will agree. A partition can be filed by an owner or owners who cannot resolve a problem themselves. A civil court in Florida can decide how to best handle jointly owned property by filing a lawsuit for partition.
Filing a POLITIK
A partition is a difficult concept to grasp, as it involves the division between two or multiple owners. It can be difficult to understand if you don’t have legal advice. If you are considering filing a Florida property division, consult a Florida real-estate attorney familiar with Florida laws.
Only the owner of the property can bring a partition suit in the county that the property is located. The complaint is a key document in this process, and it must include important details.
- Include any relevant information about the property, including the boundaries.
- The complaint must include the names of each owner. The complaint must include the names of any and all owners, whether they are individuals, corporations or other entities.
- Include the current addresses for all owners. All legal notices about the action must be sent to the owners.
- It must be clearly stated in the complaint what percentage each party holds. It is important to know the percentages of each party in order to determine the final division.
The complainant is responsible for stating any unknown information. It is important to describe missing information and note it as unknown in order to ensure the complaint can be processed quickly.
PARTITIONING DIVISIBLE LAND
If the plaintiff can prove their ownership, the court may appoint a commissioner who will supervise the partitioning. These commissioners can be chosen by the parties or even by the judge.
They can divide the land correctly. They can also hire a land surveyor to divide the land if necessary. For example, the commissioners will decide how to divide an area that is owned jointly by two people. After determining the result, the commissioners file a report in court.
The report is available for 10 days. The court will give each party quiet title to the land if there are no objections.
PARTITION NON-DIVIDABLE LAND
Certain property cannot be divided. Three siblings who have equal interest in the property of their parents cannot divide it. In this situation, a partition lawsuit could be filed in order to force the sale of the house and distribute the proceeds between the co-owners.
In this case, the commissioners are required to determine whether the land in question is truly non-divisible as claimed by the plaintiffs. If the commissioner tells the court this is the case, the court may order the commissioners sell the land by auction.
The proceeds from the sale are divided among owners based on who paid for the down payment, the mortgage, the property taxes, and the improvements. Co-owners won’t be paid until the mortgages and liens have been satisfied.
For help, call a Florida real-estate lawyer
Contact Bonardi & Uzdavinis LLP if your Florida real estate division requires assistance. It could be property that is shared between family members, friends, ex-partners, business partners or romantic partners. Our Tampa-based lawyers are prepared to offer expert advice and guide you through the complex process of forcing a property decision. Call us immediately at (813)540-1919 for immediate assistance. Experienced attorneys will guide you step-by-step. Contact us today to explore your options and discuss your case.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include real estate attorney clearwater fl, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!