Jacksonville Partitions Attorney
Spouses who buy a home typically own that home together, and it is not uncommon for other family members to own property together as well. Even unrelated persons – friends, neighbors, business colleagues, partners – may own property jointly as an investment. What happens when co-owners of a piece of property have a falling out, but neither wants to sell their share in the property? One possible solution is to partition the property, i.e. dividing the property and providing shares to each owner. Partitioning a property is a judicial process that requires going to court, and it can be simple or complex depending upon whether all the parties involved agree on the partition and how it should proceed. Jacksonville real estate litigation attorney Daniel M. Copeland can advise you of your rights regarding a partition and represent you every step of the way in the circuit courts in Duval, Clay, Nassau and St. Johns counties. Learn more about partitions below, and contact Daniel M. Copeland, Attorney at Law, P.A., for smart, effective help in resolving your Jacksonville property dispute.
Florida property law recognizes many different types of joint ownership
In a partition proceeding, it is important to first establish each party’s individual rights in the property. There are many different types of joint property ownership recognized under Florida real property law. Some of the most common types of joint ownership (tenancies) are:
- Joint Tenants – Each joint tenant owns the same interest in the property held in undivided possession
- Joint Tenants with Right of Survivorship – Full title to the real estate goes to the owner who outlives (survives) the other owner
- Tenants in Common – Each tenant owns an undivided interest in the property, but with no right of survivorship
- Tenancy by the Entireties – Title held by husband and wife with right of survivorship, to the exclusion of heirs of the deceased
How Jacksonville Partitions Work
Partition of property in Florida is governed by Florida Statutes chapter 64. A partition proceeding can be brought in the county court where the lands lie by joint tenants or tenants in common against cotenants, or by others interested in the lands. The complaint needs to describe the lands, the tenants, the parties to the proceeding, and the quantity of ownership interest held by each.
The court will judge the rights and interests of the parties, including whether the parties are entitled to a partition of the land. The judge can order a partition if the rights and interests of the plaintiff are undisputed or if they are established in court based on the evidence presented.
The next step is for the judge to appoint three commissioners to make the partition. These commissioners may be selected by the parties or the court. The judge may also order that a survey be conducted as part of the process. The commissioners file their report with the court, and the parties have an opportunity to object to the report before the court enters its final judgment. This final judgment vests title to the parcels in the parties and quiets title against all others.
If the property is deemed to be not divisible, the court can order a sale of the property. If the order to sell the property is uncontested, a public auction will be held with the property going to the highest bidder and the proceeds of the sale divided in proportion to the parties’ interests in the property.
Get Help with Your Partition in Jacksonville or Duval County
Attorney Daniel M. Copeland has decades of experience in Florida real property litigation and can ably represent you in a partition proceeding in Duval, Clay, St. Johns or Nassau County. Call Daniel M. Copeland, Attorney at Law, P.A. in Jacksonville at 904-482-0616 for a free evaluation of your case.