Florida cases from August 2019 through April 2021
Real estate partition in Florida is an area of law that doesn’t often change. The most common issues where change is occurring relate to the right to partition and the distribution of proceeds. Below are the most recent appellate court partition cases related to these issues which were decided between August 2019 and April 2021.
Right to Partition Real Estate
Martinez-Noda v. Pascual – District Court of Appeal of Florida, Third District. – April 1, 2020 – 305 So.3d 321
Headline: Ex-husband was entitled to credit from proceeds of partition of marital residence for any disproportionate share of expenses since dissolution.
Summary of Issue: The power of the trial court to deny partition should be invoked only in extreme cases, where otherwise manifest injustice, fraud or oppression would result if the remedy were granted.
Distribution of Proceeds
Patel v. Patel – District Court of Appeal of Florida, Fifth District. – August 23, 2019 – 277 So.3d 776
Headline: Agreed-upon judgment in partition action required trial court to hold evidentiary hearing to determine distribution of real estate sale proceeds.
Summary of Issues: 1) Partition principles are applied in a flexible manner in order to arrive at a fair, equitable, and just decree. 2) Agreed-upon judgment in partition action required trial court to hold evidentiary hearing to determine appropriate liabilities and credits due each joint owner regarding proceeds of sale of commercial real property, which was encumbered by mortgage, although judgment stated that clerk of court was required to sell property free and discharged all claims, liens, and encumbrances of the parties; judgment required sales proceeds to be deposited into court to be divided between joint owners, and judgment stated that court retained jurisdiction to enter orders apportioning proceeds of sale. 3) Because partition is a subject of equitable jurisdiction, a trial court will be affirmed unless it is shown that the trial court abused its discretion in determining whether credits or set-offs are appropriate.
Lupo v. Lawson – District Court of Appeal of Florida, Second District. – March 18, 2020 – 301 So.3d 366
Headline: Factual issue as to allocation of sales proceeds between joint tenants precluded summary judgment in partition action.
Summary of Issues: 1) Prior to allocating proceeds from a partition sale, a trial court must first determine each party’s percentage of ownership of the property and then determine the reimbursable expenses incurred after closing and calculate each party’s proportionate share using each party’s percentage of ownership. 2) Prior to allocating proceeds from a partition sale, a trial court must first determine each party’s percentage of ownership of the property and then determine the reimbursable expenses incurred after closing and calculate each party’s proportionate share using each party’s percentage of ownership.
Fernandez v. Marrero – District Court of Appeal of Florida, Third District. – September 25, 2019 – 282 So.3d 928
Headline: Joint tenant with rights of survivorship was not entitled to credit from proceeds of property partition for expenses incurred at or prior to closing.
Summary of Issues: 1) In a partition proceeding, there must be an accounting to determine whether each co-tenant has paid his or her proportionate share of the expenses of the property, and to adjust the co-tenants’ accounts accordingly. 2) Boyfriend was not entitled to a credit from the proceeds of the partition of property, which he titled with girlfriend as joint tenants with rights of survivorship, for expenses he incurred from maintenance and improvements he made to property after taking possession, but prior to closing; girlfriend did not execute an agreement or promissory note to reimburse boyfriend for expenses, parties were merely tenants of property’s owner with no legal responsibility for its maintenance when boyfriend incurred expenses, and boyfriend moved into property prior to closing and decided on his own to make repairs and improvements. 3) In a partition proceeding, because the equity of one party should not be increased by the expenditures of the other, a cotenant paying the obligations of the property is entitled to a credit from the proceeds of the sale for the other cotenant’s proportionate share of those expenses. 4) Boyfriend was not entitled to a credit from the proceeds of the partition of property he titled with girlfriend as joint tenants with right of survivorship for paying down payment and closing costs at closing; evidence that boyfriend and girlfriend were in a long-term relationship, and had discussed moving into the property to start a family and get married, combined with the absence of evidence that property was purchased as a business transaction or a loan, created presumption that payments were a gift to girlfriend, and testimony of closing agent, that she had explained to boyfriend the significance of titling the property as joint tenants with rights of survivorship, and of boyfriend, that the couple purchased the property because they had plans to start a family, supported that presumption. 5) Boyfriend was not entitled to a credit from the proceeds of the partition of property, which he titled with girlfriend as joint tenants with rights of survivorship, for expenses he incurred from maintenance and improvements he made to property after taking possession, but prior to closing; girlfriend did not execute an agreement or promissory note to reimburse boyfriend for expenses, parties were merely tenants of property’s owner with no legal responsibility for its maintenance when boyfriend incurred expenses, and boyfriend moved into property prior to closing and decided on his own to make repairs and improvements. 6) Boyfriend was entitled to credit from the proceeds of the partition of property, which he titled with girlfriend as joint tenants with rights of survivorship, totaling 50% of the expenses he incurred without contribution from girlfriend post-closing, including post-closing property repair payments, payments to reduce the mortgage’s principal balance, and all taxes and insurance.
Martinez-Noda v. Pascual – District Court of Appeal of Florida, Third District. April 1, 2020 305 So.3d 321
Headline: Ex-husband was entitled to credit from proceeds of partition of marital residence for any disproportionate share of expenses since dissolution.
Summary of Issues: 1) Upon partition of property held by tenants in common, a tenant shouldering a disproportionate responsibility for taxes, mortgage payments, insurance, and maintenance and repair is entitled to credit from the proceeds of the sale for the other co-tenant’s proportionate share of those expenses. 2) Ex-husband was entitled to a credit from proceeds of court-ordered sale of a former marital residence for any disproportionate share of taxes and mortgage payments made since dissolution; dissolution left ex-husband and ex-wife as tenants in common with equal responsibility for maintaining the property.
Bailey v. Covington – District Court of Appeal of Florida, Third District. – April 7, 2021 – 317 So.3d 1223
Headline: Trial court failed to make sufficient findings to support its decision in favor of first co-owner of house on her fraud claim against second co-owner.
Summary of Issue: Upon the partition of property held by tenants in common, a co-tenant shouldering a disproportionate responsibility for taxes, mortgage payments, insurance, maintenance, and repair is entitled to a credit from the proceeds of the sale for the other co-tenant’s proportionate share of those expenses.
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These recent partition cases are for informational purposes only and should not be relied upon as legal advice. Real Estate partition law does change over time. Therefore, we strongly recommend talking with an experienced Florida real estate lawyer to learn your rights.
