Palm Harbor Partition Lawyer

Dividing Jointly Owned Property in Florida

Owning property jointly with another person or group can sometimes lead to disagreements over how the property should be used, maintained, or whether it should be sold. When co-owners cannot agree on what to do with the property, a partition action may be necessary to divide the property or force its sale. At Miaoulis Law, our Palm Harbor partition lawyer guides property co-owners through the legal process of partition actions, ensuring that their interests are protected and that disputes are resolved efficiently.

What Is a Partition Action?

A partition action is a legal process that allows co-owners of real property to separate their ownership interests. When a property is jointly owned, and one or more owners want to sell while others do not, a partition lawsuit can be filed to divide or sell the property. In Florida, partition actions are governed by Chapter 64 of the Florida Statutes.

There are two main types of partition actions, Partition in Kind and Partition by Sale. Partition in Kind physically divides the property among the co-owners. This method is typically used when the land can be fairly and equally divided, such as in cases involving large tracts of vacant land. If the property cannot be divided equitably, the court may order it to be sold in a Partition by Sale, with the proceeds distributed among the co-owners according to their ownership interests.

When Is a Partition Action Necessary?

Partition actions can be useful in the following situations:

• Co-owners disagree on whether to sell or keep the property.
• One owner is paying more than their fair share for taxes, maintenance, or mortgage payments.
• A property is inherited by multiple heirs who cannot agree on its use or disposition.
• A former couple or business partners jointly own property but wish to sever their financial ties.

If you find yourself in a dispute with a co-owner over jointly held property, a partition action may be the best solution to ensure a fair outcome.

The Partition Process in Florida

The partition process follows several key steps:

1. Filing a Lawsuit – The co-owner seeking partition files a lawsuit in the appropriate Florida court, requesting the division or sale of the property.
2. Court Review and Appraisal – The court may order an appraisal of the property and determine whether a physical division is feasible or if a sale is necessary.
3. Sale of the Property (if applicable) – If the property cannot be fairly divided, the court may order a public or private sale. The sale proceeds are then distributed among the co-owners based on their ownership percentages.
4. Distribution of Proceeds – The court ensures that the net proceeds are fairly distributed, accounting for any expenses paid by individual co-owners, such as mortgage payments, property taxes, or maintenance costs.

Can a Partition Action Be Avoided?

In some cases, co-owners can reach an agreement outside of court through negotiation or mediation. Before filing a partition lawsuit, it may be beneficial to explore alternative resolutions, such as a buyout agreement where one owner purchases the other’s interest in the property. Our firm helps clients negotiate fair agreements to avoid litigation when possible.

Why Choose Miaoulis Law for Partition Actions in Palm Harbor?

At Miaoulis Law, we understand the complexities of joint property ownership disputes and work diligently to protect our clients’ rights. Whether you need assistance negotiating a resolution or participating in a partition lawsuit, we provide experienced legal guidance to ensure that your interests are represented.

If you are facing a dispute over jointly owned property in Palm Harbor, Florida, contact Miaoulis Law today to discuss your legal options and find a solution that works for you.