Legal Question in Real Estate Law in Florida
Partition suit
I'm interested in filing a partition suit but I'm curious about the following:
1. Is an attorney necessary to have to file for a partition or can I do it myself?
2.How long does it normally take for a partition suit to follow through?
3.How much does it normally cost?
4. If i don't feel safe in the home I'm in due to the 2nd owner, is it okay to move out while the suit takes place or can it be used against me if i leave?
2 Answers from Attorneys
Re: Partition suit
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Yes, you can file suit on your own but if the other party gets an attorney, you will probably be outmanned and frankly, "out of your league". The suit can take as little as a few months to over one year based on how vigorously it is defended and whether frivilous motions are filed. The filing fee is $256.00 in most counties but you can check with your local clerk of the court. Service of process can vary. You are able to leave the residence if you like and it will not affect your standing the case.
Scott R. Jay, Esq.
Re: Partition suit
1. Unless you know what your doing, use a lawyer.
2. About 6 months
3. Approx $5,000+ depending upon ;work involved.
4. You can move out.