Legal Question in Real Estate Law in Florida

Partition

Can a person who has quictaim deeded a property to a joint tenant file for partition?


Asked on 9/22/07, 9:22 pm

3 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Partition

If he has no interest in the property anymore he cannot. However, you need to determine if the deed is a valid transfer.

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Answered on 9/22/07, 9:32 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Partition

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.

Your question is not very clear. If the person no longer has an interest, he/she has no right to file for partition. If the person retained an interest as joint tenant, then he/she can file for partition to determine the individual rights of each party.

Scott R. Jay, Esq.

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Answered on 9/22/07, 10:17 pm
Scott J. Wortman Pineiro, Wortman & Byrd, P.A.

Re: Partition

If a party is on title to property with another, either by way of joint tenancy or tenants in common, that party has the right to partition the property if the owners cannot agree on how to manage and/or dispose of the property. Should you need any assistance with regard to such partition action, please contact the undersigned to discuss the nature of that representation and the costs of same. Thank you.

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Answered on 9/28/07, 11:22 am


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