Owning property with others can be challenging when co-owners disagree on its use or sale. When they cannot reach an agreement, Florida law provides a solution through a partition action.
Understanding the legal process of partition in Florida
A partition action is a lawsuit that forces the division or sale of jointly owned property. Any co-owner has the right to file this action if they no longer wish to share ownership. In Florida, there are two main types of partition: partition in kind and partition by sale.
Partition in kind physically divides the property among the owners. This option works best for large pieces of land where each owner can take a separate portion. However, if the court can’t divide the property fairly, it may order a partition by sale. This means selling the property and dividing the proceeds among the owners based on their ownership shares.
The process begins when one co-owner files a partition lawsuit in the county where the property sits. The court reviews the case and determines if a physical division is possible. If not, the court orders the sale of the property.
If the court decides on a sale, it may appoint a special magistrate or use a public auction to sell the property. The court then distributes the proceeds from the sale among the owners. Before distribution, the court may deduct certain expenses, such as property taxes, maintenance costs, and mortgage payments made by one owner on behalf of the group.
Sometimes, a co-owner can buy out the shares of the others instead of selling the property to a third party. This allows one owner to keep the property while compensating the others for their shares.
Preventing disputes over jointly owned property
Property co-owners can take steps to avoid disputes before they arise. A written agreement can outline how they must use, maintain, and handle the property if someone wants to sell. Clear communication and planning can prevent disagreements and costly legal actions.
When co-owners cannot agree, Florida law provides a clear path through a partition action. Understanding the legal steps can help property owners make informed decisions and protect their interests.