How to force the sale of a jointly owned home?

The court ordered division and forced sale of real estate owned by two or more people is known as a partition action.  It is started by the filing of a formal Complaint filed in the Circuit Court in the County where the property is located.  

How are attorney fees handled in partition actions?

Florida Statute 64.081 states:

Costs; taxes; attorneys’ fees.—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. Such judgment is binding on all his or her goods and chattels, lands, or tenements. In case of sale the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money.

What are the defenses to partition?

Although most partition lawsuits result  in the home being sold to a third party or to a co-owner, certain defenses do exist.  For example, where the parties have agreed in writing that they will not partition the property, this may act as an absolute bar to a partition.

How long does a partition lawsuit take in Florida?

Rule 1.200 of the Florida Rules of Civil Procedure specifies that every civil case must be assigned to one of three case management tracks: complex, general, or streamlined.  Therefore, Florida courts permit a case to take up to 12 months for non-jury trial case like partition before it must be disposed of-although it is not uncommon for a case to take longer or shorter depending on numerous factors beyond the scope of this article.

How much does a partition action cost in Florida?

On average, the typical litigated partition case in Florida costs about $7,500-$15,000 through trial although you can expect to pay less in some instances and more in heavily litigated and complex cases.  In general, the more equity and valuable the property is, the more fertile it is for litigation and discord among the owners.

Andrew J. Pascale is a Florida division of property lawyer you can count on.

If you’re facing partition, it’s advisable to seek legal counsel from an experienced attorney the field.  Contact Florida partition lawyer Andrew J. Pascale at 877-667-1211 to discuss your case. However, please note that this blog serves as a resource and does not constitute legal advice. We serve Miami, Broward, Palm Beach, Volusia counties.