What is a Partition Action?

What is a Partition Action?
When co-owners of real property cant agree as to the management of the property, or whether to sell or keep the real property, a Partition action has to be filed.
Partition actions are governed by Chapter 64, Florida Statutes.
Typically, partition actions are used by one owner of real property, against another or others, to force a sale or a physical division of the real property.

Different Types of Partition Actions
Florida Law allows for different types of partition actions, either  (1) partition by physical division out of court or (2) partition by sale.
The first step is to always have the property appraised so that once the value is determined, the parties can then make educated decisions as to what they want to do with the real property.

If an amicable resolution by demand letter or outside negotiation cant resolve the partition matter, then the court can get involved to order the parties to list the property for sale. Not all partition actions have go through the court system and with an experienced attorney, many eventually settle so that the property can be sold or the party who wants to keep it, pay the portion to the other party,.

The most common scenario involving partition actions happens when family members co-own real estate, or when an unmarried couple jointly own property, or when business partners jointly own real estate. If in each of the scenarios described above the co-owners agree as to how to manage or whether to sell the property, then of course a partition action will not be necessary. If however there is disagreement as to how to manage or whether to sell the property, any co-owner can file a lawsuit for partition to force a sale or a buy out of the property. Typically, partition actions are necessary after a probate proceeding where real property owned by a decedent is passed on to the heirs who disagree as to whether to sell or how to manage the real property.

HOW TO FILE

A Partition action is governed under Chapter 64.022 (link), Florida Statutes, and filed in the county where the property is located.
When filing a partition action lawsuit, all the parties including owners, lienholders, lenders, and holders of future estates that have or claim to have the interest in the property should be named in the partition suit.
At least one of the joint owners has to file partition action for a lawsuit to get started, and when they do so, the other co-owners and lienholders become defendants in the case. The Partition suit then proceeds in the same way a standard civil lawsuit does.

What can be done to keep the property?
If a defendant in a partition action persists in resisting the sale of the property, the resisting co-owner may pursue a buyout option. Under F.S. 64.207, a buyout option will prevent the property from going to the open market, allowing the co-owner willing to retain their title to the property to buy the remaining percentage of it belonging to the plaintiff, if granted. The value at which the remaining portion of the property can be bought is determined by a court-ordered appraisal.

Is a sale necessary
If the parties can not agree on a price, or the party just wont cooperate,  the refusal of other(s) co-owner(s) may force the court to appoint a realtor and sell the property. Third party magistrates can often get involved too to sign on behalf of the non cooperating party.

Contact An Experienced Partition Action Attorney in Miami
If you are a homeowner that is sharing title with another homeowner and don’t see way out, we can help.
It’s best to speak with a Miami partition action attorney early in the process so that we can try to amicably resolve the