Partition Actions in Florida | FL Legal Resources | FastCounsel

Florida: How to Start a Partition Action to Divide or Sell Real Estate

Overview: What a partition action does under Florida law When two or more people own the same piece of real estate and cannot agree about what to do with it, Florida law allows one or more co-owners to ask a court to divide the property or order its sale so the proceeds can be distributed. […]

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Buying Out Siblings’ Interests in Co-Owned Property — Florida Guide

Detailed Answer This guide explains the practical steps someone in Florida should take to buy out co-owners (for example, siblings) so one person keeps the home. It walks through the legal issues you must check, how to value the property and structure the buyout, what to do if lenders are involved, and what happens if […]

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Florida: Forcing a Sale or Partition When Co‑Owners Disagree

When Co‑Owners Disagree: How a Court Can Order Sale or Division of Property in Florida Short answer: Under Florida law, a co‑owner can usually force a partition of property — which may result in a physical division or a court‑ordered sale — by filing a partition action in circuit court. There are important exceptions (for […]

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Florida: What Are Your Rights When a Co-Owner (Life Tenant) Lives in the Property?

Detailed Answer — Understanding life tenancy, co-ownership, and possession under Florida law When one co-owner has a life estate (is the life tenant) and occupies the property, Florida law treats that person’s right to possess and use the property differently from someone who only holds a future interest (a remainderman or reversioner). Below is a […]

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Can a Life Tenant Stay in the House During Partition in Florida?

Detailed Answer Short answer: In Florida you usually keep the right to live in property while you hold a valid life estate, but a partition action by a co-owner can lead to a court-ordered sale or other remedies that affect possession. Whether you can remain in the home during the partition process depends on the […]

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How to File a Partition Action for Inherited Property in Florida When Co-Owners Won’t Respond

Filing a Partition Action in Florida When Some Inherited-Property Co-Owners Won't Respond Disclaimer: This is educational information only and not legal advice. For guidance about your specific case, consult a licensed Florida attorney. Detailed answer — what a partition action is and how it works in Florida A partition action is a court process that […]

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Florida: When Co-Owners Disagree and a Court-Appointed Commissioner Manages a Private Sale

What to expect when a court-appointed commissioner conducts a private sale of a co-owner’s share in Florida Disclaimer: This article is educational only and is not legal advice. Consult a licensed Florida attorney about your specific situation. Detailed Answer When co-owners cannot agree about ownership or disposition of real property in Florida, one common route […]

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Forcing Sale of an Inherited Parcel in Florida: Your Legal Options

How to Compel the Sale of an Inherited Parcel Under Florida Law — FAQ Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Florida attorney about your specific situation. Short answer If the inherited parcel is owned as a tenancy in common (or otherwise held by multiple heirs/co‑owners), […]

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Florida: Paperwork You Need to Prove House Expenses in a Partition Case

Detailed Answer Short answer: In a Florida partition action, you should collect and present original receipts, invoices, canceled checks or check images, credit-card statements, bank statements, contractor agreements and paid invoices, permits, photos, and appraisal or repair estimates. The more documentary proof you can produce tying each payment to the property and showing who paid […]

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Florida: How to File a Partition Action to Force Sale of a House Co‑Owned by a Noncooperative Sister

Forced partition and sale of jointly owned Florida real estate: what to know Detailed Answer — How a partition action works in Florida If you co-own real property in Florida with someone who refuses to sign a sale or transfer, you can ask a court to force a division of the property or order a […]

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