Apportionment

Definition: The allocation of expenses, income, or tax burdens between parties or among properties. In estate planning, apportionment determines how estate taxes are shared among the beneficiaries. In real estate, it refers to the prorating of taxes, insurance, and other costs at closing.

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Apportionment in Florida Real Estate

Apportionment is the process of dividing property expenses and income between buyer and seller at closing based on each party's period of ownership. Accurate apportionment ensures that each party pays only for the time they actually own the property.

Common Apportioned Items

Florida closings routinely apportion several categories. Property taxes are prorated from January 1 through the closing date and credited to the buyer. HOA/condo assessments are divided based on the payment period. Rents collected by the seller for periods after closing are credited to the buyer. Insurance premiums may be apportioned if the buyer assumes the seller's policy, though most buyers obtain new coverage.

Calculation Methods

Florida title companies use either a 365-day year or a 360-day year for apportionment calculations, depending on the contract terms and local custom. The closing statement itemizes each apportioned amount with the calculation methodology. The standard FAR/BAR contract includes provisions for post-closing adjustments when estimated amounts (such as taxes based on the prior year's bill) differ from the actual amounts.

Related Terms

Barnes Walker Title Services

Barnes Walker Title handles all closing calculations including tax and assessment apportionments. Submit a title inquiry for closing coordination.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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