Legal Question in Real Estate Law in Florida
Partition Action in FL
What is a partition action? How do I file one?
3 Answers from Attorneys
Re: Partition Action in FL
A partition action seeks a forced sale of a property owned by more than 1 entity. It requires a court order.
Re: Partition Action in FL
You need to file a lawsuit.
Re: Partition Action in FL
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
An action for partition is a lawsuit filed in the circuit court in the county in which the property in question is located. When land is owned by more than one person, disagreements often arise about the disposition of that real property. When a disagreement cannot be resolved amicably, the courts have authority to partition or divide the land.
The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. Many types of real property cannot be divided reasonably. In that case, the court will order a judicial or forced sale.
Scott R. Jay, Esq.