Legal Question in Real Estate Law in Florida

Partition suit

I'm interested in filing a partition suit but I'm curious about the following:

1. Is an attorney necessary to have to file for a partition or can I do it myself?

2.How long does it normally take for a partition suit to follow through?

3.How much does it normally cost?

4. If i don't feel safe in the home I'm in due to the 2nd owner, is it okay to move out while the suit takes place or can it be used against me if i leave?


Asked on 10/06/07, 6:53 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Partition suit

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.

Yes, you can file suit on your own but if the other party gets an attorney, you will probably be outmanned and frankly, "out of your league". The suit can take as little as a few months to over one year based on how vigorously it is defended and whether frivilous motions are filed. The filing fee is $256.00 in most counties but you can check with your local clerk of the court. Service of process can vary. You are able to leave the residence if you like and it will not affect your standing the case.

Scott R. Jay, Esq.

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Answered on 10/07/07, 8:00 pm
David Slater David P. Slater, Esq.

Re: Partition suit

1. Unless you know what your doing, use a lawyer.

2. About 6 months

3. Approx $5,000+ depending upon ;work involved.

4. You can move out.

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Answered on 10/07/07, 3:50 am


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