Tampa & Sarasota Florida Real Estate Lawyer and Estate Planning Attorney
Call Us: (813) 314-2475
Call Us: (813) 314-2475
Partitions of Commercial & Residential Real Estate
What is a Partition action?
When joint owners of real property cannot agree to terms of sale, a partition action is needed. A partition action is a law suit that petitions the court to order the sale of real property, where owners cannot come to agreed terms of sale. Once the sale is completed, the judge will order disbursement of the funds proportionally to each owner.
Can I file a Partition Action?
One of the most common questions we receive about partitions is "Do I have the right as co-owner to force another co-owner to sell Real Estate or Real Property. The answer is usually "Yes", unless there is a trust and trustee involved and the person asking the question is a beneficiary. Subsequently, the answer usually becomes a "No, unless you are willing to have a trustee replaced by court order". Of course, that is a whole other law suit. Call us today at (813) 314-2475 or kindly fill out the form at the bottom of this page to schedule your free initial consultation!
Main Reasons For Filing A Partition Action
People who come to us to file a Partition Action will usually have one (or two) reasons to do so.
The first reason is that the property expenses are not shared proportionally by the owners. If a co-owner is not paying any of his or her share of the costs/expenses associated with the joint property other owner(s) will not be happy. Such costs can include taxes, insurance, mortgage payments, maintenance, association dues, etc.
Unfortunately, you usually cannot force someone to pay these property-associated expenses, but you can force them to sell the property in order to recover the money you expended into the property. When a property is owned by more than one person, but the costs associated with it are not shared properly we can petition the court to disburse the proceeds of the sale according to the proportional share of funds invested by each party into the property.
The second main reason for people filing a partition action is to force compliance or cooperation from another co-owner. If a co-owner will not agree to sell the property in question, you will have no other choice but to file a partition action.
Only a judge can force a joint owner to sell real property. If you own a portion of real property but cannot get the other owner(s) to agree to sell it, you should call a Real Estate Lawyer to find out what your options are. If you need to commence a partition action please call our office today at (813) 314-2475 to obtain a quote and setup your free initial consultation to speak with a Real Estate Attorney or Partition Lawyer.
What kind of Attorney files a Partition Suit?
Partition suits are normally filed by Real Estate Attorneys and lawyers although some general practitioners can file partition suits as well.
However, you should not attempt to petition a court of law for the partition of real property on your own. You will need an attorney who is competent is carrying out such an action and does so often.
Without the right attorney, you will probably spend much more than you would have with an Experienced Real Estate Attorney. We litigate partition actions often and expeditiously. Call us today at (813) 314-2475 or kindly fill out the form at the bottom of this page to schedule your free initial consultation!