Partition Agreement With Sale In Broward
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The executor must give notice to the beneficiaries of the sale, but they do not need approval. All beneficiaries must sign the contract if it is the decedent's homestead.
Uniform Partition of Heirs Property Act in Florida Under the UPHPA, heirs are given the opportunity to buy out the interests of other co-owners before a court orders a partition by sale. This provision helps preserve family ownership and prevents the loss of property through forced sales at undervalued prices.
All heirs must agree with the terms of the deal. The proceeds are held temporarily. While the rest of the probate is ongoing, the proceeds from the sale of the property are held in escrow by the probate attorney through the creditors' claims period (typically 90 days).
Under Florida law, the partition process must comply with the Florida Statutes – Chapter 64 – titled “Partition of Property.” The first part of the partition action is the filing of the complaint. By statute, the complaint shall include the following: “A description of the lands of which partition is demanded”
The co-owner who wishes to sell the property or the estate's personal representative can file a partition action, or a formal adversarial lawsuit, in the probate proceeding under Florida Statutes §733.814 at any time before the estate is closed.
How Long Does A Typical Partition Action Take In Florida? A partition action can be quite speedy if you and the other party can agree quickly on what to do. Some cases can be resolved in three months, whereas others take up to a year. This can depend on the valuation of the property and how complex the parcel is.
Florida law allows individuals to force the sale of a jointly owned property through a partition action. Regardless of their percentage ownership interest, any co-owner has the right to initiate this legal process to seek the sale and division of the property's proceeds.
While it is possible to file a partition lawsuit without a lawyer or “Pro Se” in Florida, it is highly recommended to seek the assistance of an experienced partition attorney. The process can become complex, and having a knowledgeable litigator on your side can help protect your interests and maximize your recovery.