Posted on Friday, April 26th, 2024

man and woman are splitting model of house with saWhen two or more individuals hold joint ownership of real estate, conflicts regarding the property’s use or management may emerge. In such instances, a partition action in Florida could be initiated to mandate the property’s division or sale, regardless of whether one of the co-owners prefers to retain the property.

Nevertheless, it is possible to mount a defense against a partition action under specific conditions. Facing this kind of legal challenge necessitates the guidance of a seasoned real estate attorney based in Orlando, Florida, to ensure the preservation of your property rights.

Understanding Partition Actions in Florida

Partition actions in Florida serve as a crucial legal recourse for co-owners of real property seeking to dissolve their joint ownership. This legal process is frequently invoked under a range of scenarios, notably:

– **Family Inheritance Disagreements**: When real estate is inherited by multiple heirs, disputes may arise regarding the property’s management or distribution. A partition action provides a formal avenue to resolve such conflicts, ensuring an equitable division or sale of the property among the heirs.

– **Real Estate Investment Partnerships**: Partners in real estate investments may encounter disagreements over the property’s management, utilization, or the direction of the investment. In such cases, a partition action enables a partner to seek a fair resolution through the division or sale of the property, thereby concluding the partnership dispute.

– **Co-Ownership Arrangements Ending**: Individuals who jointly purchase property, whether for investment, residential, or other purposes, may eventually wish to go their separate ways. A partition action offers a mechanism to facilitate this separation by dividing the property if feasible or selling it and distributing the proceeds according to each party’s ownership interest.

These instances highlight the flexibility of partition actions in addressing the varied circumstances that can lead to disagreements among co-owners of real property in Florida.

Partition actions in Florida can be classified into two distinct categories, each serving to effectively terminate the joint ownership of property. These categories are:

– **Partition in Kind**: This method entails the physical segmentation of the property into individually owned parcels, whereby each co-owner is allocated a specific portion. Predominantly applicable to undeveloped land, partition in kind allows for a tangible division that reflects the separate interests of the co-owners.

– **Partition by Sale**: Under this approach, the property is sold under the auspices of the court, and the proceeds from the sale are apportioned among the co-owners in alignment with their respective shares of ownership. This method is generally employed when a physical division of the property is not feasible, such as in the case of a single-family residence.

The overarching aim of a partition action is to dissolve the co-ownership arrangement, thereby allowing each party to proceed independently. For individuals contemplating the division of jointly owned property, the guidance of a seasoned real estate attorney is invaluable.

Defenses to a Partition Action in Florida

While Florida law generally favors the right to partition, there are limited defenses co-owners may use to attempt to prevent a partition action from succeeding:

Adverse Possession Defense: In situations where a co-owner can demonstrate that they have engaged in open, continuous, and exclusive possession of the property for the legally mandated period—typically extending over several years—they might stake a claim to exclusive ownership of said property.

Estoppel Defense: Should a co-owner have engaged in conduct, such as making certain statements or assurances, that led the other co-owners to justifiably rely on a continued shared ownership interest, the court may inhibit that co-owner from initiating a partition action.

Unnecessary Expenditures Defense: A co-owner might be precluded from compelling the other co-owners to incur unnecessary or unreasonable expenses in relation to the property.

Waiving Partition Rights Defense: Co-owners are at liberty to mutually decide, through a written agreement, to relinquish their right to seek partition. It is imperative, however, that such a waiver is expressly stated and duly recorded to ensure its enforceability.

Given the intricate nature of partition actions within the state of Florida, mounting a defense against such actions necessitates a sophisticated grasp of property law principles.

Why You Need a Real Estate Attorney in Orlando

Facing a partition action in Florida can be a daunting and complex process. Whether you find yourself initiating a partition or opposing one, securing the expertise of a seasoned real estate attorney is paramount. An attorney can meticulously evaluate every aspect of your situation, ensuring the deployment of suitable defenses tailored to your case.

At Nishad Khan, PL, our real estate attorney, based in Orlando, Florida, possesses a wealth of experience in safeguarding the interests of co-owners embroiled in partition disputes. Reach out to us without delay to arrange a consultation, where we can explore your case in detail