Detailed Answer
Under Florida law, co-owners can seek a court-ordered partition when they cannot agree on dividing property. Chapter 64 of the Florida Statutes governs partition actions. Here are the core steps:
- Confirm co-ownership and interests. Obtain a property deed or title report to identify all relatives with an ownership interest under Florida Statute §64.01.
- Attempt resolution. Florida courts favor settlement. Discuss division options or a buyout before filing.
- Prepare and file the petition. File a petition for partition in circuit court in the county where the land lies. Follow requirements under §64.03. Include the legal description, names and addresses of all co-tenants, and your requested relief (partition in kind or sale).
- Serve co-tenants. Serve each relative with the filed petition and a summons according to the Florida Rules of Civil Procedure, Rule 1.070.
- Court appointment of commissioner. The court appoints a commissioner to evaluate the property, conduct a survey, and report valuations under §64.031 (partition in kind) or §64.041 (partition by sale).
- Commissioner’s report and objections. Parties may object to the report within the time set by the court.
- Conference or hearing. Attend a court conference or hearing to address objections and finalize division or sale procedures.
- Final judgment. The court issues a final judgment ordering physical division (in kind) or authorizes sale and distribution of proceeds to co-owners.
Disclaimer: This article provides general information on Florida partition actions and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Obtain a current survey to understand boundary lines and acreage.
- Consider mediation to reduce litigation costs and preserve family relationships.
- Hire a real estate appraiser when property value is in dispute.
- Review title for liens, mortgages, or easements before petitioning.
- Budget for court costs, commissioner fees, and attorney fees.