Tampa Partition Action Lawyer

Do you jointly own property with someone who refuses to sell? Are you stuck paying taxes and upkeep on a home you don’t want? These situations can be frustrating and take a toll on your finances. Whether you’ve inherited property with siblings or purchased a home with an ex-partner, disagreements over what to do with the property can lead to deadlock. 

As an experienced Tampa real estate attorney at the Law Office of Christopher G. Frey, Esq., I can help guide you through these complex issues, enabling you to put them behind you and ensure your needs and interests are upheld.

How A Partition Action Works In Florida

A partition action is a lawsuit that asks the court to intervene when co-owners are at an impasse. The court typically orders the property to be sold, and the proceeds are divided equitably among the co-owners. This process can ensure each party receives their fair share without having the burden of a property they no longer wish to own. 

Scenarios Where Partition Actions Are Common

Here are a few examples of what people typically use them for:

• Inherited property: This is a common scenario. If you’ve inherited property with siblings and cannot agree on what to do with it, a partition action can force the sale of the inherited property in Florida, allowing each sibling to receive their portion of the proceeds.
• Unmarried couples: For those who bought a home together and later separated, a partition action can resolve disputes by selling the property and splitting the proceeds.
• Tenants in common: This legal status allows for a partition action, as each party has a right to the whole property. Understanding this status is crucial in determining your legal options.

No matter the reason you wish to utilize a partition action, I am here to help you understand your options and address any questions or concerns you may have. 

Pursuing A Partition Lawsuit In Florida

To pursue a partition lawsuit in Florida, you typically must file a claim in the county where the property sits, provide necessary information about the property, such as the names of the owners and what percentage each party owns of the property, and then formally serve the lawsuit to the other owner. 

Partition Action FAQs

I hear these quite often from clients:

What is the legal difference between a partition by sale and a partition in kind?

A partition by sale involves selling the real estate asset and splitting the proceeds. A partition in kind, on the other hand, physically divides the property among co-owners if feasible.

Can one co-owner legally stop another co-owner from filing a partition action?

No, one co-owner cannot legally prevent another co-owner from filing a partition action. Each co-owner has the right to seek a legal resolution to any dispute.

How are property expenses and unequal contributions divided in a partition lawsuit?

Property expenses and unequal contributions are typically accounted for when dividing the proceeds. That way, both parties can receive a fair distribution based on how much each party invested in the property.

Work With An Experienced Partition Action Attorney Today 

Partition actions can be a helpful legal tool for dividing property in complex situations. I recognize that your problem is unique, and I am here to work with you directly to pursue a tailored and appropriate solution that aligns with your specific needs. 

Schedule a consultation with my Tampa office today by completing my contact form or by calling 813-322-2419.