Question 1

How does Florida handle partition of co-owned property?

Accepted Answer

Florida process (Chapter 64): any co-owner files a complaint in circuit court, the court determines ownership interests (reviewing deeds, wills, and other title documents), the court decides the method of partition (in kind or by sale), if partition in kind: the court appoints commissioners to physically divide the property, and if partition by sale: the court orders the property sold (either by private sale or public auction). The proceeds are distributed: first, to pay partition costs (attorney fees, court costs, commissions), and then, to the co-owners according to their ownership percentages.

Question 2

What is the role of commissioners in a Florida partition?

Accepted Answer

Commissioners: the court appoints three commissioners (Section 64.061) to: investigate the property and report to the court on whether partition in kind is feasible, propose a plan for physical division (if partition in kind is appropriate), oversee the division (surveying, marking boundaries, and allocating improvements), and report to the court on the completion of the partition. For partition by sale: the court may appoint a commissioner to oversee the sale process. Commissioner fees are paid from the partition proceeds.

Question 3

How are improvements and contributions credited in Florida partition?

Accepted Answer

Credits: co-owners who have made improvements or paid expenses are entitled to credits from the partition proceeds. Improvements: the co-owner who made improvements is credited with the increase in value attributable to the improvements (not the cost of the improvements). Expenses: co-owners who paid more than their share of: mortgage payments, property taxes, insurance, and maintenance are entitled to a credit for the excess amount. The court conducts an accounting to determine each co-owner’s credits and debits before distributing the proceeds.

Partition Action for Co-Owned Property

Partition of Co-Owned Property in Florida

Process

Commissioners

Credits and Accounting

Related Terms

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