A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
A Florida Complaint for Partition of Real Property is a legal document that individuals or entities use to seek a court-ordered division or sale of jointly owned real estate when the co-owners cannot agree on how to divide or utilize the property. This complaint is typically filed in the Circuit Court where the property is located. The purpose of a Complaint for Partition is to bring a resolution to the dispute between co-owners and provide a fair and equitable distribution of the property's value. It is important to note that this complaint can only be filed if the property is owned as tenants in common or joint tenants with the right of survivorship. In Florida, there are two main types of Complaint for Partition of Real Property, namely: 1. Voluntary Partition: This type of complaint is filed when co-owners mutually agree to divide the property without the assistance of the court. In this scenario, the complaint serves as a formal request to the court to approve the agreed-upon division. 2. Involuntary Partition: If the co-owners cannot reach a consensus regarding the partition, any of the co-owners can file an Involuntary Partition complaint. This complaint requests the court to intervene and order the sale or division of the property. Keywords: Florida, Complaint for Partition, Real Property, legal document, court-ordered division, jointly owned real estate, co-owners, divide, utilize, filed, Circuit Court, resolution, dispute, equitable distribution, tenants in common, joint tenants with the right of survivorship, Voluntary Partition, Involuntary Partition, agreement, consent, intervention, sale, division.
