Article X, § 4(a), of the Florida Constitution provides that homestead property “shall be exempt from forced sale under process of any court.” The purpose of a homestead exemption is to prevent creditors from forcing the head of the household to sell the property, not to keep one entitled to possession from realization of it. However,…
Continue reading ›The term “partition” means dividing up something that’s shared between people. It applies to things like joint tenancies and tenancies in common. If you own land with someone else, and you both want to split it up, you can ask a court to help you do that. The goal of a partition action is to make…
Continue reading ›The overwhelming percentage of real estate partition actions occur between natural people who jointly own property, but partitions are not limited to solely this class of people. Florida law allows partition actions in a variety of circumstances, including between trustees and beneficiaries, partnerships and corporations. Partition Actions Involving Trustees and Beneficiaries Unless otherwise provided in the…
Continue reading ›In Florida, the family home is protected by the state constitution and homesteaded property of a deceased family member is automatically inherited by the family at the time death, regardless of whether the loved one had a will or not. Just like it would have been during their lifetime, the home is shielded from claims…
Continue reading ›What is partition? Partition is a court ordered process for determining the interests of co-owners of real property. If the property cannot be divided, it is sold, and the proceeds are shared among the owners. Any one or more joint tenants, tenants in common, or coparceners can file a complaint for partition against their cotenants,…
Continue reading ›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…
Continue reading ›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…
Continue reading ›What is a partition (forced sale of real estate)? Whenever individuals interested in land as owners and co-tenants are unable to agree on a voluntary partition of the land through consent and mutual agreement, one or more of them has the right to seek judicial proceedings to partition the property. Partition principles are applied flexibly…
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