How Do You Terminate The Joint Tenancy of Florida Real Estate?  

| December 13, 2016

In Florida, there is more than one way to own an interest in real estate.  It’s important to understand these ways before “taking title” to the property at the closing table. One key question in deciding how to own property:  is the owner able to convey complete ownership in the future to a third party […]

Can a judge deny a partition?

| May 26, 2016

According to Florida case law as of the date of this article, in extreme cases, a judge can deny a partition if the judge determines that equity will not result if the remedy of partition is granted. See: Condrey v. Condrey, 92 So. 2d 423 (Fla. 1957)   Related: Is Sharing Ownership of Florida Real Estate […]

Who has the right to bring a statutory action for partition?

| April 25, 2016

According to Florida case law as of the date of this article, generally, a fee title holder of an undivided interest in a parcel of real property has the right to bring a statutory action for partition without any concern about his or her reasons for seeking partition. See: Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. Dist. […]

Is a partition provided for only those who have joint interests?

| April 21, 2016

According to Florida case law as of the date of this article, yes, a partition is provided only for those who have joint interests such as joint tenants, tenants in common, or joint heirs against their co-heirs. See: Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. Dist. Ct. App. 2d Dist. 1985). Related: Is Sharing […]

Inherited Property and Partition: When Your Brother or Sister or Other Heir Won’t Agree to the Sale

| May 19, 2015

Last Update: 12/04/16 In Florida, when a parent passes away owning real estate and they are the only owner or the only surviving owner, the property, whether it is the family home or the family vacation property, becomes part of the deceased parent’s probate estate.  In most circumstances, this means that the property can only […]

Selling the House After a Florida Divorce: Is Partition the Answer?

| May 12, 2015

Last Update: 04/18/16 You live in Florida and you just got divorced. The two of you bought a house while you were married, which is usually the most valuable marital asset. The judge finalized your divorce, but ownership and how the home is to be disposed of wasn’t mentioned or adequately addressed in the settlement […]

Is Sharing Ownership of Florida Real Estate Causing a Problem For You? – Partition Actions in Florida

| May 20, 2014

Last Update: 04/18/16 There are all sorts of situations where someone may share ownership in Florida real estate and there are lots of good reasons to own real estate jointly; however, when things go south, jointly owned property can be a tremendous headache for all of the parties involved. Consider these situations where sharing ownership […]

Florida Real Estate Partitions And Underwater Mortgages: Are They Connected?

| March 4, 2014

Last Updated: 08/01/16 Recently, we had a blog comment asking about the value of real estate and whether or not an underwater home should or can be partitioned under Florida law. Asked another way, is the value of real estate, and equity in the property, a factor in a decision (or demand) to partition property […]

Partition of Real Estate in Florida: Can You Divide Property Under Florida Law?

| November 12, 2013

Last Update: 5/20/17 Years ago, the Florida Legislature established specific laws for dividing up disputed Florida real estate by requiring the filing of a formal lawsuit in a civil court. (See Chapter 64 of the Florida Civil Practice and Procedures Code, which details the why, how, and when Florida real estate and land can be […]

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