As lawyers in Ocala, Florida, The Florida Legal Advocacy Group, P.A., understands the complexities and nuances involved in the partition of real property. Partition is a legal process that allows co-owners of a property to divide the property or sell it and divide the proceeds. This article will explain what partition is, when it is appropriate, and the process involved.
What is Partition of Real Property?
Partition of real property is a legal process that allows co-owners of a property to divide the property or sell it and divide the proceeds. This process is typically used when co-owners cannot agree on how to divide or use the property, or when one co-owner wants to sell their share of the property.
Partition can be either voluntary or involuntary. In a voluntary partition, the co-owners come to an agreement on how to divide the property. In an involuntary partition, one or more co-owners petition the court to order a partition. The court can then order the property to be divided or sold and the proceeds divided among the co-owners.
When is Partition Appropriate?
Partition is appropriate in a variety of situations. For example, if two or more people inherit property and cannot agree on how to use or divide it, partition can be used to divide the property or sell it and divide the proceeds. Partition can also be used when co-owners of a property cannot agree on how to manage or use the property.
In some cases, one co-owner may want to sell their share of the property, but the other co-owner(s) may not want to buy them out. In this situation, partition can be used to force the sale of the property and divide the proceeds.
The Process of Partition
The process of partition in Florida can be complex, and it is essential to have a skilled attorney guide you through the process. The Florida Legal Advocacy Group, P.A. is a trusted law firm in Ocala, Florida, that specializes in real estate law and can provide the guidance you need. Here are the basic steps involved in the partition process:
- Filing a Petition: The first step in the partition process is filing a petition with the court. This petition should include a description of the property, the names of all co-owners, and the requested relief, whether it be a division of the property or a sale of the property.
- Service of Process: Once the petition is filed, the co-owners must be served with a copy of the petition. If a co-owner cannot be located, the court may require additional steps to ensure that they are properly served.
- Answer: Co-owners who are served with the petition have the opportunity to file an answer with the court. An answer is a response to the allegations made in the petition and can include any defenses or objections to the requested relief.
- Discovery: During the partition process, both parties may engage in discovery. This process allows each side to obtain evidence and information from the other side.
- Trial: If the co-owners cannot reach a voluntary partition agreement, a trial may be necessary. At trial, the court will consider the evidence presented and make a decision on how to divide or sell the property.
- Division or Sale: If the court orders a division of the property, a surveyor will be appointed to create a map or plan for the division. If the court orders a sale of the property, a real estate agent or the clerk of court may be appointed to sell the property.
- Distribution of Proceeds: Once the property is divided or sold, the proceeds will be distributed among the co-owners based on their ownership interest and any equitable division ordered by the Court.
Partition of real property is a legal process that allows co-owners to divide a property or sell it and divide the proceeds. It is appropriate when co-owners cannot agree. The Florida Legal Advocacy Group, P.A., as the experience and expertise needed to assist you and guide you throughout the Partition process.