A Partition Action is a civil lawsuit to force the sale of Florida real estate. Florida law allows property to be owned jointly by several persons or entities. Often times, joint owners of a property cannot agree on the management or sale of a property or even one joint owner does not want to sell. So, a Partition Lawsuit is a request by one owner to the court to force the sale of the property.
There are many reasons why Florida property owners may decide that a partition of property is needed. The three (3) most common reasons are when children inherit property and become joint owners, when an unmarried couple owns property jointly and then split up, or when a business partnership dissolves and cannot agree on the division of its assets.
A partition action can be filed by a joint owner of a property except if the property is owned by a husband and wife as tenants by the entireties. The Defendants to the lawsuit are all of the other owners of the property. The lawsuit must be filed in the County in which the property is located.
Once a lawsuit for a partition is filed, the court must decide whether the property should be sold and how the proceeds of the sale should be divided amount the owners. Some owner may be entitled to receive a higher share to the sale proceeds for improvement or contributions that they made to the property such as mortgage payments or property taxes. If there are mortgages or liens on the property, the mortgages and liens must be satisfied from the sale proceeds before the remainder is divided amount the owners. Each owner is responsible for a share of the attorney fees and court costs, which are incurred for the action.
Partition Lawyer Stephen K. Hachey Is Here to Help!Stephen K. Hachey, an experienced partition attorney, can not only help you determine your options, but he can advise you on the best course of action based on your unique situation. And with offices spread out across Tampa Bay, he’s available and accessible to begin working for you. It is never too late to get help. The Law Offices of Stephen K. Hachey proudly serves Tampa, St Petersburg, Clearwater, Wesley Chapel, Brandon, Riverview, South Tampa, Orlando, Bradenton and everywhere in between.
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Real estate law involves state statutes and laws, which can often be complicated and intimidating. Stephen K. Hachey can explain laws and regulations that govern any and all activity dealing with residential or commercial real estate. As a real estate law firm, the Law Offices of Stephen K. Hachey is committed to helping individuals and businesses in connection with all types of real estate transactions.
Since 2007, the Law Offices of Stephen K. Hachey has been representing clients with needs just like yours, utilizing years of professional experience. Our Memberships and certifications include:
Florida Bar Member Supreme Court Certified Circuit Civil Mediator Certified Residential Mortgage Foreclosure Mediator Florida Certified Public Accountant Licensed Florida Realtor
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