Question 1

What rights do co-owners have in a Florida partition action?

Accepted Answer

Co-owner rights: right to file (any co-owner can file, regardless of ownership percentage), right to buy (co-owners have the right to purchase the interests of other co-owners before the property is sold to a third party), right to accounting (co-owners can seek an accounting for: rent collected, expenses paid, and improvements made by individual co-owners), right to credit (co-owners who have paid more than their share of expenses are entitled to a credit from the proceeds), and right to occupancy (a co-owner in possession may have a claim for the value of improvements they have made).

Question 2

Can a co-owner prevent a partition action in Florida?

Accepted Answer

Prevention: generally, no. The right to partition is nearly absolute in Florida. However: a co-owner can negotiate a buyout (purchasing the other co-owner’s interest to avoid the costs and delays of litigation), the co-owners can enter into a partition agreement (voluntarily dividing the property without court intervention), and certain restrictions may apply (a covenant or agreement among co-owners may restrict partition, but such restrictions are narrowly construed and may not be enforceable if they unreasonably restrict the right to partition).

Question 3

How is a Florida partition action filed?

Accepted Answer

Filing: the plaintiff files a complaint in the circuit court of the county where the property is located. The complaint must include: a description of the property (legal description), the names and interests of all co-owners, the plaintiff’s interest and how it was acquired, and the relief requested (partition in kind or by sale). The court will: appoint commissioners (if partition in kind is appropriate), order an appraisal (to determine the property’s fair market value), and conduct a hearing to determine the method of partition.

Partition Action Between Co-Owners

Partition Actions Between Florida Co-Owners

Co-Owner Rights

Can It Be Prevented?

Filing

Related Terms

Barnes Walker Real Estate

Ready to Get Started?