Legal Question in Civil Litigation in Florida

Partition Suit/Action of FL House

In short, I need to partition the court to force the sell of the property at 207 Wyoming Avenue, St. Cloud, FL 34769. After a Florida probate, my stepson owns 25% of a house and I own 75%. For round numbers, the house is worth maybe $200,000. The stepson has rented it from me since 1992. When I told him in 7/07 that I needed to liquidate my portion, he quit paying me rent and refuses to discuss any reasonable offers to buy me out and says he doesn't want to sell it. He is the owner/operator of Osceola Van Service, has no savings, no income verification, etc. He also has three full size dogs living in the house with him. I've always paid the property taxes and insurance. I am retired and can no longer afford to subsidize his living accommodations. In order to recoup my investment, I'll need to:

partition the court to force the sale,

I'd have to buy the place via the courthouse sale,

clean/fix it up and then put it on the market to sell or move into it for my residence.

However, I heard that past cases have held that if one of the owners purchases the property at the court house sale then he has purchased for all owners and I would end up in the same situation that I am in now. Is this true?


Asked on 1/27/08, 1:51 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Partition Suit/Action of FL House

Go to myflorida . com and look up Florida Statutes on partition. It is chapter 64, Florida Statutes. That discusses partition and the process.

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Answered on 1/28/08, 8:35 am
John DeLancett Law Offices of John DeLancett, PL.

Re: Partition Suit/Action of FL House

I believe that you are confusing claims by third parties against property held by joint tenants or tenants in common. For example, a suit to foreclose a mechanic's lien on the property.

A partition between joint tenants or tenants in common is very different. It essentially says that the owners cannot agree on how to deal with the property and asks the court to divide it. The court determines the parties' respective interests in the property and divides it. When the property cannot be divided, as in the case of a residence, the court orders it sold and the proceeds are divided among the owners. If one owner bids, then the proceeds are still divided.

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Answered on 1/28/08, 10:08 am


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