Partition Actions Lawyer in Sarasota
Settling Matters of Non-Marital Co-Ownership of Property
There are many different ways that co-owners of property in Florida may acquire their interests, the most common of which is when a husband and wife purchase property together. However, in today’s modern society, we see unmarried couples (i.e. boyfriends and girlfriends, unmarried same sex partners) purchase property together and also regularly see children inherit property from their deceased parents making them co-owners with their siblings. However, couples often split up and siblings often disagree about what to do with jointly owned property.
In situations involving disagreements about property jointly owned by a husband and wife who are splitting up, the dispute is typically handled in the divorce action. However, in disputes about co-owned property between unmarried owners that cannot be resolved through negotiation, a different type of action known as a “partition action” is required.
What Is a Partition Action and What Does It Do?
An action for partition is a type of lawsuit that can be filed by any co-owner asking the court to order a division of the property with each party separately owning a piece (i.e., when the property is a large parcel of land) or, more commonly, to order a sale of the property when it is impossible or impractical to physically divide (i.e., a single family residence or condominium). In either case, all co-owners of the property will be parties to the partition lawsuit.
How Does a Partition Lawsuit Work?
In the partition action, the court typically will order an accounting so that the amounts each owner has paid for mortgage payments, taxes, insurance, utilities, association dues and other maintenance expenses are calculated. The court will also order that the property be sold at a public or a private sale and will equalize any imbalance in the payment of property maintenance expenses and mortgage payments paid by one owner over another. Depending on the circumstances, the Court may also order an allocation of the attorney’s fees and costs incurred to file the partition action between the co-owners.
If you and other owners of a property cannot agree whether to sell the property or keep it, call our office today to determine whether an action for partition is right for you.
We May Be Able to Help You File a Partition Lawsuit in Sarasota
At The Edwards Law Firm, PL, we are a large, multi-faceted legal practice with valuable insight into varying aspects of real estate law. We are also chiefly focused on providing great customer service for all of our clients, including individuals, businesses, organizations, government agencies, and others. We may be able to help you evaluate your circumstances, chart a path toward positive resolution, and determine whether a partition action lawsuit is your best alternative.
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Sheryl A. Edwards is a Board Certified Specialist in Real Estate Law
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