Partition cases are forms of legal action used to force the legal sale of a jointly owned property, when co-owners can’t agree on what to do.
Who files for partitions?
- Heirs: Relatives who inherit property jointly may seek partition if they cannot agree on whether to keep, sell, or maintain the property
- Former Partners: Former partners who were not married may seek partition when they own property together but can no longer reach an agreement on what should happen to the property
- General Co-Owners/Joint Tenants: Co-owners or shared tenants can file a petition for partition when one co-owner wants to sell his or her interest, however the others are not in agreement
- Corporate Entities: Business or investment entities that jointly own real estate may seek partition when the parties disagree concerning the use, management, sale or financial obligations of the property
You should not feel guilty for wanting a resolution
Property disputes can be extremely challenging when relationships are involved. Whether it’s a sibling wanting to sell a childhood home, former partners worrying about whether filing a partition lawsuit is too harsh, or just a roommate wanting to get rid of a property. These feelings are understandable, but remaining tied to a property instead isn’t always the most realistic approach. Joint ownership comes with real financial responsibilities. Mortgage payments, property taxes, insurance, maintenance, repairs, and other expenses continue regardless of whether the owners are getting along.
Partitions can provide a path forward
A partition case allows the court to address how to move forward with a jointly owned property. While partitions are a lawsuit, it’s the correct legal route to navigate situations where owners disagree on the future of a property. Depending on circumstances, the court will look at each owner’s respective interests and personal payments related to property taxes, mortgages, insurance, and necessary repairs.
Seeking a partition doesn’t erase the history connected to the property or the relationship between the owners. Instead, it recognizes that circumstances may have changed, and that’s okay.
At Haynes Law Group, we understand that partition cases are about more than just real estate. If you own property with another person and can no longer agree on what should happen with it, you do not have to remain stuck in that situation. Our Florida partition lawyers handle partition matters throughout the entire state of Florida, including every county. If you own a property with someone and are ready to move forward, Haynes Law Group can help you understand your rights, evaluate the property’s equity, and determine your best path toward resolving your dispute.
Call Haynes Law Group at (888)-252-8754 to schedule a free consultation and discuss your Florida partition claim.