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FLORIDA PARTITION ACTION LAWYER
A Partition Action is a civil lawsuit to force the sale of Florida real estate. Florida law allows property to be owned jointly by several persons or entities. Often times, joint owners of a property cannot agree on the management or sale of a property or even one joint owner does not want to sell. So, a Partition Lawsuit is a request by one owner to the court to force the sale of the property.
There are many reasons why Florida property owners may decide that a partition of property is needed. The most common partition scenarios are:
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Anita, Ben, and Carla’s mother, a 65-year-old widow, own a 4-bedroom, 3-bathroom house in Florida valued at $500,000 with a $200,000 mortgage. This is her primary residence where Anita still lives. Unfortunately, their mother passes away suddenly without a will.
Conflict: After their mother’s death, the siblings inherit the house as tenants in common, each holding a one-third interest. Anita wants to stay in the house, but Ben and Carla, who have taken over the mortgage payments, totaling $15,000, want to sell.
Legal Process: To manage their mother’s estate, one sibling needs to initiate probate proceedings. During this process, they need to file a Motion to Determine Homestead Property, which legally confirms that they each own a third of the house as tenants in common.
Resolution Option: With a disagreement on whether to keep or sell the house, and Anita unable to financially buy out Ben and Carla, the siblings opt for a partition action as the best option for Ben and Carla to force the sale of the home.
Proceeds Distribution: Following the sale of the property, the mortgage is paid off first. From the remaining proceeds, Ben and Carla may each receive an additional $2,500 to adjust for the unequal mortgage payments made by them, while Anita may receive $5,000 less due to her unpaid share. Additionally, Ben and Carla might recover their court costs and legal fees from the sale proceeds. Any remaining funds, after subtracting closing costs and the Special Magistrate’s commission, are divided equally among Anita, Ben, and Carla.
So, what areas of partition law can we help you navigate?
Scenario 1: The Inherited Home
Introduction: Michael and Lisa*, a couple who have been dating for years but are not married, decide to buy a house together. They purchase a 4-bedroom, 3-bathroom house in Florida for $300,000 with a $200,000 mortgage as Joint Tenants with Right of Survivorship, contributing equally to the purchase. This becomes their primary residence.
Conflict: Over the next two years, Michael ends up paying 75% of the mortgage payments. The property’s value increases to $500,000. Following accusations of infidelity, Lisa moves out, and they face a breakup.
Legal Process: Lisa wishes to sell the house, but Michael, who continues to live there, cannot afford to buy her out or refinance the mortgage on his own.
Resolution Option: Lisa can file a partition lawsuit to force the sale of the house if they cannot agree otherwise.
Proceeds Distribution: After the sale, adjustments are made for Michael’s additional mortgage contributions, potentially giving him 25% more from the sales proceeds relative to their initial equal obligation. Lisa may recover her legal fees and court costs from the proceeds. Once the mortgage is fully paid and all costs are covered, the remaining proceeds, minus closing costs and the Special Magistrate’s commission, are to be divided equally between Michael and Lisa.
*Same applies to same-sex relationships, boyfriend/boyfriend or girlfriend/girlfriend.
Scenario 2: Joint Home Ownership Gone Sour
Introduction: Alex and Bailey, two friends, purchase a 4-bedroom, 3-bathroom house in Florida for $300,000 with a $200,000 mortgage as Tenants in Common. Alex invests an additional $100,000 in repairs and renovations right after the purchase, enhancing the property’s value.
Conflict: Two years later, the property’s value has risen to $500,000. However, the friends’ relationship has deteriorated, and they disagree on the property’s future.
Legal Process: Alex wishes to sell, but Bailey is unable to buy out Alex’s share or refinance the mortgage.
Resolution Option: Alex can file a partition action to force the sale of the house.
Proceeds Distribution: After the sale, the mortgage is paid off first. Alex may receive an additional $50,000 from the sales proceeds as compensation for his initial investment in repairs and renovations. The remaining proceeds, after paying off any associated legal fees and court costs that Alex might recoup, and deducting closing costs and the Special Magistrate’s commission, are divided equally between Alex and Bailey.
Scenario 3: Investment Gone Awry
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What happens when I don’t want to the sell the property?
Partition Defense: What Happens if I’m the One Being Sued?
Option #1 Settlemant
If one or more of the co-owners want to partition the property, but you want to keep it, we can assist you with negotiating a settlement agreement that allows you to keep the property. One of the best things about having a settlement option is that the parties get to negotiate terms that are most important to them. In the event a settlement is not reached privately, we can work to achieve a settlement through mediation. A mediator is an independent person that serves as a go-between to help the parties reach a settlement. Mediators do not take sides. Instead, they remain objective and aim solely to assist the parties to reach an agreement that satisfies both sides.
As a client, you deserve direct and frequent communication with your attorneys. Hulse Law Firm is structured so that you will have access to, and be dealing with, a family law attorney for men, not an employee of the attorney. Your concerns are important and your case is always handled in a very personalized manner. You can count on us to be attentive and responsive to your needs.
Option #2 Purchase the Property
As a client, you deserve direct and frequent communication with your Our goal for you is fair financial obligations with meaningful time sharing. If you are without children, we will work diligently to protect the financial status you have worked so hard to obtain. We understand the unique needs of men in divorce and related legal proceedings – we have dedicated our practice to fighting for men’s rights. We will work to protect your financial interests in divorce, such as setting reasonable and fair child support and/or alimony support, and make sure you retain your parental rights in child custody and visitation litigation.
Option #3 Buy-Out Under the Partition of Heirs Property Act
CLIENT TESTIMONIALS
I can't say enough great things about The Law Offices of Stephen K. Hachey, P.A.! I came to them needing help filing a partition lawsuit after years of co-ownership disputes. From day one, Attorney Hachey and his team were knowledgeable, responsive, and clearly experienced in Florida real estate litigation.
They handled everything—from filing the partition action to negotiating a favorable settlement agreement—and kept me informed every step of the way. What could have been a drawn-out legal battle was resolved efficiently and professionally. Thanks to their expertise, we avoided a court-ordered sale and came to terms with the other party quickly.
If you’re looking to file a partition lawsuit in Florida or need a real estate litigation attorney, I highly recommend Stephen Hachey and his firm. Their legal strategy, communication, and client support are top-notch. Truly grateful!
Ralph Anthony M.
PARTITION ACTION LAWYER
Jesse
Great experience in an otherwise very unpleasant situation. I had a real estate dispute with my sister, that necessitated a partition action. After reading many good reviews I contacted the Hachey law firm and they took my case on a contingency arrangement, that I desperately needed. Partition actions take time but even so it went faster then expected. Just got the file closed text today. If you want a good law firm that knows what they're doing and has your back, talk to Mr Hachey he will answer any questions in a knowledgeable way and fight your case as if it was his own. True professionals.
Thank you Hachey law.
Marc Caruso
I am writing this review to express my sincere gratitude for the services provided by The Law Offices of Stephen K. Hachey., P.A. The case was in regard to a "Partition Lawsuit". Through the work Attorney Stephen Hachey and one of his associates, we were able to successfully close the case, and I was able to sell my share of the property and part ways with the other owner. I highly recommend Attorney Hachey for Partition Lawsuits.
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- When adult children inherit residential real estate (aka “property” or “house”) and become joint owners as Tenants in Common (Scenario A).
- When an unmarried couple purchases property as Joint Tenants with Right of Survivorship and then break up (Scenario B).
- When two investors purchase an investment/rental property as Tenants in Common and want to part ways (Scenario C).
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What happens when I want to the sell the property?
If you are open to selling the property, we would first work to reach an official agreement to sell the property. Once that agreement is made, the property will be sold, and we will work to achieve a settlement agreement to determine the amount of proceeds each party is entitled to receive. In the event we are unable to reach an agreement privately, we have the option to go to mediation. As discussed previously, a mediator is an independent person that serves as a go-between to help the parties reach a settlement. If we go to mediation, and are still unable to reach an agreement, then we will present our case to court asking the judge to make a determination regarding how to properly divide the proceeds between the parties, and issue an order. The good news is that regardless of whether we’re able to reach agreements outside of court or not, we are experienced with these issues, and can assist you throughout the entire process.
Locations of Current and Past Partition and Partition Defense Cases
