Partition and Contribution
Naples, Florida, Partition Law Attorney
Whether due to a divorce, inheritance or an investment agreement, people can find themselves in the uncomfortable position of co-owning real estate properties with others where agreement is no longer possible. Or, one co-owner may want to keep the property against the will of the other co-owner. In a variety of situations, partition may be the best way to protect the interests of everyone.
An Experienced Real Property Division Lawyer
We have 30 years of experience in commercial litigation and real estate law and attorney Celia Deifik, has been board-certified in real property law for more than 20 years. To discuss your situation with a Naples partition property lawyer from our firm, call 239-963-1791 or toll free 866-504-8981.
The Partition Action
When one co-owner wants to live in the property and the other co-owner wants to sell the property, Florida law provides a remedy known as a partition action or sometimes referred to as a suit for Partition and Contribution. This is not necessarily a split of the property, as most properties cannot simply be physically divided. When a property cannot be subdivided in order to provide each co-owner with an equal share, a partition action will lead to the property being sold under court order. The proceeds will be divided in proportionate shares amongst the co-owners of the property.
Sometimes a co-tenant (joint owner) of a house has been "ousted" (pushed out of physical possession). Other times, one co-owner refuses to pay their fair share of expenses relative to the property. The court can order "contribution" between the parties to cure this lack of balance. For instance, the court may order a property sold, with the amounts owed to comp out of the delinquent owner’s share of sale proceeds.
Unless you have previously agreed not to pursue a partition action on the property, there is no defense for a partition action. There are a variety of options for a property that can be sold as part of a partition action, including via auction or private sale. In some cases, the court will appoint a special master to list and sell the property.
Is partition the right solution for your case? Do you need help defending against a partition action? Contact us today to discuss partition with an experienced attorney from our firm.
