Florida Partition Case Law Update 

Case law is like a treasure trove of legal wisdom, built on the decisions made by judges in previous cases. Lawyers use it as their secret weapon when arguing for their clients in court. In this blog, we’re diving into some key case law rulings that might be super helpful.

1.      Blew v. Blew, 358 So.3d 1232 (2023):  Both parties (a married couple going through a divorce) petitioned to partition the marital home which they owned as tenants by the entireties. However, since Chapter 64 pertains to partitions, and sections 64.031 and 64.051 prohibit the partition of property held as tenants by the entireties, the trial court made an error in ordering the partition of the marital residence before the final judgment of dissolution.  

Conclusion: a partition sale of the marital home property prior to the marriage being dissolved is improper.

2.      Lee v. Lee, 352 So.3d 420 (2022):  The court noted that upon dissolution of marriage, tenants of an estate by the entirety become tenants in common and that tenants in common bear “equal responsibility in making all payments necessary to maintain their ownership of the property.

Conclusion:  Each co-tenant is ultimately liable for his or her proportionate share of the taxes, mortgage payments, insurance and maintenance and repair and upon partition, a tenant shouldering a disproportionate responsibility for those obligations is entitled to credit from the proceeds of the sale for the other co-tenant’s proportionate share of those expenses.

3.      Casiano v. Casiano, 370 So.3d 991 (2023):  This case stands for the proposition that Florida law has recognized that when a party raises frivolous or vexatious arguments or defenses, a trial court does not abuse its discretion in declining to apportion such a party’s fees and costs amongst the other parties to a partition action. 

4.      Whitson v. Advocate 3413, LLC, 351 So.3d 174 (2022):  This case stands for the proposition that Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest.

South Florida Partition Lawyer

Have you been served with a complaint for partition or are you considering filing one? Contact South Florida Partition Lawyer Andrew Pascale, Law Offices of Andrew J. Pascale, P.A. today to discuss your case today at 877-667-1211.