Legal Question in Real Estate Law in Florida

Partition Action in FL

What is a partition action? How do I file one?


Asked on 10/25/07, 12:04 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Partition Action in FL

A partition action seeks a forced sale of a property owned by more than 1 entity. It requires a court order.

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Answered on 10/25/07, 12:39 pm
Michael Stewart Michael D. Stewart

Re: Partition Action in FL

You need to file a lawsuit.

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Answered on 10/25/07, 12:48 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Partition Action in FL

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

An action for partition is a lawsuit filed in the circuit court in the county in which the property in question is located. When land is owned by more than one person, disagreements often arise about the disposition of that real property. When a disagreement cannot be resolved amicably, the courts have authority to partition or divide the land.

The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. Many types of real property cannot be divided reasonably. In that case, the court will order a judicial or forced sale.

Scott R. Jay, Esq.

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Answered on 10/27/07, 11:29 am


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