A partition action is a legal process initiated when co-owners of real property cannot agree on whether to keep it or sell it. Orlando partition cases are governed by Chapter 64 of the Florida Statutes, and typically involve one owner seeking to force a sale or a physical division of the property.
Thus, an Orlando partition attorney is a lawyer who assist with partition actions between co-owners of real property. Orlando partition attorneys can help initiate a partition action or negotiations for a settlement.
Example: Imagine two siblings inherit a vacation home in Orlando, Florida. One sibling wants to sell the Orlando property to pay off debts, while the other wants to keep it for family gatherings. Unable to reach an agreement, one sibling searches for an Orlando partition attorney near me, and files a partition action to either force the sale or buy out the other’s share.
What are the different methods for Orlando partition cases?
Physical Division of Property: In Florida, the Orlando partition can be accomplished by the property being physically divided amongst the owners.
Practical Scenario: Two co-owners of a large, undeveloped parcel of farmland cannot agree on its use. One wants to farm it, while the other wants to sell it. The court might order a partition by physical division, splitting the land into two separate parcels, each owner receiving a portion.
Sale: In Florida, the Orlando partition can be completed by the property being sold and the proceeds are divided among the co-owners based on their ownership percentages.
Practical Scenario: Three business partners own a commercial building. They cannot agree on how to manage the property or whether to sell it. One partner files for partition by sale. The court orders the building to be sold, and the proceeds are divided according to each partner’s share in the property.
Appraisal: In Florida, the Orlando partition can be completed by the co-owner who wish to retain the property buying out the other co-owner at a price determined by a court-ordered appraisal.
Practical Scenario: A couple who co-owns an Orlando, Florida duplex decides to separate. One partner wants to keep the property, while the other wants to sell. The court orders a partition by appraisal, allowing the partner who wants to stay to buy out the other’s share at an appraised value.
Do I have to start an Orlando partition to sell a property?
Orlando, Florida partition actions occur where co-owners cannot agree on a sale, such as among family members and unmarried couples. Partition is necessary when co-owners cannot agree on what to do with a property.
Practical Scenario: After their parents’ death, three siblings inherit an Orlando Florida home. One sibling wants to rent it out, another wants to sell it, and the third wants to live in it. The sibling who wants to sell it hires an Orlando partition lawyer to initiate a Florida partition action.
How can I file an Orlando partition action?
To file an Orlando partition action in Florida:
The lawsuit must be filed in the county where the property is located, per Chapter 64.022 of the Florida Statutes. Orlando partitions must proceed in Orange County, FL.
All interested parties, including co-owners, lienholders, and lenders, must be named in the suit.
The process proceeds like a standard civil lawsuit, but without a right to a jury trial.
Practical Scenario: Two friends jointly own a vacation home in Orlando, Florida but cannot agree on its upkeep and rental terms. One friend files a partition action in the county where the cabin is located, naming the other friend and the mortgage holder as defendants.
Will I be reimbursed for initiating the Orlando partition?
The costs associated with a partition action can include attorney’s fees, title report fees, legal fees, and referee costs. These expense of an Orlando partition lawyer can be divided among the parties as determined by the court. The costs may be covered by the proceeds from the sale if the court orders a partition by sale.
Practical Scenario: Co-owners of an Orlando apartment building file a partition action to sell the property. One party pays for the costs for filing the lawsuit, attorney fees, and other legal expenses. The property is sold and the party who paid for these expenses is partially reimbursed for these expenses using the money from the sale.
Will I win the case if I file an Orlando partition action?
In Florida, the right to partition is generally absolute, making defenses against it difficult. However, some defenses may be available. An Orlando partition attorney will be able to advise you about the chances of success in your case.
Practical Scenario: Two co-owners of an Orlando condo verbally agree not to sell the property. Later, one files for a partition action. The other can defend against the action by proving that there was a verbal agreement to keep the property.
What if I want to maintain ownership after an Orlando partition?
Some owners who do not want to sell an Orlando property can seek a buyout option under F.S. 64.207. After an Orlando partition attorney files the lawsuit, the property will be appraised, and this owner may be ordered to buy the other owner’s share at this value.
Practical Scenario: Three siblings inherit a house. Two want to sell, but the third wants to keep it. The third sibling may be able to pursue a buyout option, buying the shares of the other two at a value set by a court-ordered appraisal.
What happens when the Orlando partition is completed by sale?
If the court orders a partition by sale, the property can be sold at a judicial auction, a private sale supervised by a court-appointed clerk, or through an agreement among co-owners, per F.S. 64.210. The proceeds from the sale are then divided among the co-owners.
Practical Scenario: Business partners own an Orlando Florida strip mall but cannot agree on its management. One files for partition by sale. The court orders the property to be sold at a public auction, and the proceeds are split according to each partner’s ownership share.
Can I agree to divide the property without a partition lawsuit?
Co-owners can settle disputes through negotiation to avoid litigation. They can agree to sell the property, or one co-owner can agree to buy out the others. Resolving the issue outside of court saves time and money for all parties involved.
Practical Scenario: Two co-owners of an Orlando Florida duplex decide to sell the property but initially cannot agree on the terms. Through mediation, they agree to hire a real estate broker and sell the property privately, avoiding the need for a court-ordered sale.
DISCLAIMER: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
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