It is never a pleasant notion to have to file a lawsuit against a family member or sibling. When property of a deceased is inherited via a Last Will and Testament, however, often the siblings have different ideas with regard to the property. Some may want to rent it. Others may want to sell it and not keep paying for maintenance and taxes. When there is a dispute between heirs or co-title holders, that can not be resolved, a Partition lawsuit has to be filed.
In a Partition lawsuit, the Court or Judge is the one that orders the property sold and divided down the middle. However, it is not necessary to get to that point where siblings or heirs are fighting against each other. There are many ways to settle these types of matters without a lawsuit. However, if the parties can not settle, then a lawsuit is inevitable.
At Jacqueline A. Salcines, PA, we are experienced and knowledgeable real estate attorneys that can help you negotiate with the other party or if unable to reach a middle ground, to file a partition lawsuit. With over 21 years experience filing Partition suits and negotiating property laws, we come to the table with a team of expert negotiators and litigators, to make the transition as smooth as possible.
The first consultation is always free and can provide you with invaluable advice regarding your right. Consult today.
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00Jacqueline Salcineshttps://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngJacqueline Salcines2021-02-14 16:43:252022-12-20 14:00:18PARTITION SUITS BETWEEN FAMILY
How often do you hear the word “FREE” and the word “Lawyer” in the same sentence? Well, at the Law Offices of Jacqueline A. Salcines, PA, we have been offering free legal advice to our clients for years. Whether you are a buyer of real estate that is looking to purchase real estate and require a contract or offer review. Or a seller that is looking to sell real estate entering into a Listing Agreement or As Is Contract for Sale and Purchase, we are happy to review your contract at no cost.
For over 20 years we have been assisting our clients with their real estate needs and look forward to assisting you with yours.
While no two real estate transactions are ever alike, no matter whether you are on the seller side or the buyer side, do not go it alone. Call today for a free consultation in any of the following practice areas:
Practice Areas
Contract review and preparation
Real Estate Closings
Title Insurance
Contract Law
Landlord Tenant Law
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Partition Actions
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Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.
The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines has been handling all types of real estate matters for 20 years.
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
When two more people own a single piece of property and they do not agree on how the property should be used, their disagreement is not just between them, but governed by Florida law. Called partition actions, these are lawsuits filed by one title holder or property owner against the other, to have a judge decide as to how the property should be divided.
Because there is no way to literally cut the property in half, the Judge’s often either order the sale of the property, or order one party to keep it, while the other is bought out, or paid a price to walk away.
Partition actions are common between business owners, or between a widow or widower, who holds jointly with children of the late spouse who are not her or his own offspring.
Partition actions are a lawsuit and require often negotiation of difficult issues to resolve the matter amicably for all involved, as often they are family m members who merely can not see eye to eye as to what to do with an inherited piece of property.
While not all partition actions result in an equal division, for instance if one of the property owners spent money to improve the property, pay the mortgage, insurance, taxes or other amounts, the court may deem they require reimbursement or a larger percentage share.
Rather then rushing into a complex transaction such as this, have a real estate litigator review your options with you. Often times, when getting an experienced attorney involved, the parties can resolve their differences out of court, avid costly litigation, for the benefit of all involved. This will insure that you are protected.
At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements of partition actions and represent numerous plaintiffs and defendants in these actions. Let our team go to work for you and protect your interests.
About the Author:
Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate Litigation Group. With over 17 years experience as a real estate lawyer in the business of real estate, including holding a dual degree in Accounting, her broad knowledge of real estate law and partition actions protects and serves the clients we represent.
Call us today to set up an appointment to discuss your specific needs. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-11-10 14:32:292022-12-20 13:59:05FLORIDA PARTITION – DIVISION OF REAL PROPERTY
Many property owners in Florida own property by virtue of a Will, a divorce, or death of another title holder. Or perhaps the property was passed down during the life of the prior owner or family member. This leaves you to own the property with someone else, who may or may not share the same interests or desires as you with regard to the property. For example, you may want to sell it and divide the proceeds, while the joint owner wants to rent it out.
When these types of matters, and the real property must be divided among owners, the action is called a Partition Action in Florida. A partition is the dividing up of real property among the legal owners. A partition action is a lawsuit against the other owner where the party bringing suit is asking the court or Judge to decide what to do with the property. In a partition action, the Plaintiff, or party bringing suit, can ask the court to either divide the property half and half among the owners, or order the sale of the real property, where the proceeds of the sale would be divided equally, with the person bringing suit recuperating their attorneys fees and costs from the other sides share.
While not all partition actions result in an equal division, for instance if one of the property owners spent money to improve the property, pay the mortgage, insurance, taxes or other amounts, the court may deem they require reimbursement or a larger percentage share.
Rather then rushing into a complex transaction such as this, have a real estate litigator review your options with you. Often times, when getting an experienced attorney involved, the parties can resolve their differences out of court, avid costly litigation, for the benefit of all involved. This will insure that you are protected.
At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements of partition actions and represent numerous plaintiffs and defendants in these actions. Let our team go to work for you and protect your interests.
About the Author:
Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate Litigation Group. With over 17 years experience as a real estate lawyer in the business of real estate, including holding a dual degree in Accounting, her broad knowledge of real estate law and partition actions protects and serves the clients we represent.
Call us today to set up an appointment to discuss your specific needs. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-10-18 14:54:092022-12-20 13:59:06PARTITION LAW IN FLORIDA
Holding title to a property with another person who does not share the same intentions or ideas for the property can lead to divergent interests and quarrels. Often, as a result of either inheritance (the death of a family member that leaves a property to several children or heirs), or holding title to property jointly as either siblings, friends or unmarried couples, title holder interests in the property may not be the same. Title holders may have different ideas about what to do with the property; in particular, how to use, improve, or dispose of it.
Perhaps one party wants to rent the property and respect the late title holders legacy. Perhaps the other title holder wants to sell it and make a profit. If the joint title holders can not reach an agreement, and efforts to negotiate or compromise are getting you nowhere, a Partition Action may be the answer.
A Partition action, which can be brought to divide the property into individual shares among the owners, allowing you to move forward with your share independently.
A partition, or division, of property can be arranged on a voluntary basis if all owners agree to it. However, if they don’t agree, a judge can order a partition of the property based on one owner’s request. If done gracefully and with agreement, it can result in a more efficient splitting of the property where all of the former owners are happier owning their own portion. Partition is a remedy that’s usually favored by courts, for the sake of maintaining peace between the parties.
Voluntary Partition vs. Judicial Partition
As Co-owners, you may work out an agreement between eachother and one can buy the other out. This is called a Voluntary Partition. That would require getting an appraisal and finding out the value of the property. And thereafter, the one party that wishes to maintain the property would get a loan or pay the other for their 50% share, via quit claim deed. An attorney can assist with the preparation of the deed, valuation of the property and negotiation.
If all owners don’t agree to the partition, one owner may file a lawsuit asking the courts to compel a partition. This is called a Judicial Partition.
Unlike a voluntary partition, a court-ordered partition usually results in the court ordering the sale of the property and the joint owners to divide the proceeds. If you are the one bringing the partition suit, you need to advise the court why you cant agree. If you are defending the partition suit, as the defendant, certain defenses such as the statutes of limitations and undue delay can be raised to forbid or stop the Partition. Similarly, the court will decide the case based on various factors like rights, titles, and the interests of the parties to the suit.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 16 years experience in the real estate field as well as 20 in the accounting field. Ms. Salcines is available by email to answer all your questions and concerns, without ever charging a consultation fee.
Call us today to set up an appointment to discuss your purchase or sale. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
