Estate Planning

A Florida House Divided

By David M. Goldman

As a Jacksonville Beach Probate Attorney, I often hear the disheartening accounts of people who own or buy Florida property together and then have a falling out. If co-owners (who are not married) can't agree to live together or how to handle the property, Florida law allows for a partition action.

A partition action requests that the court divide the property amongst the owners. However, in the case where property cannot be divided, the court may order that the property be sold and the proceeds divided and distributed among the owners.

According to the Florida Partition Statute, the payment of attorney fees are to be paid to the plaintiff's or defendant's attorneys or to each of them proportionate with their services rendered and of benefit to the partition of the property.

If you own property with one or more persons and there is a conflict of interest among you, or you are denied access or entry to that home, it may be in your best interest to speak with Jacksonville Beach Attorneys about how a partition action is initiated.

Full post as published by Florida Estate Planning Lawyer Blog on February 16, 2011 (boomark / email).