What is partition of property?

Partition of property is a legal process used in Florida to divide real estate that is owned by multiple people or entities. It is a way to end a joint ownership arrangement and determine each owner’s separate rights in the property. Partition is typically sought when owners of a property cannot agree on how the property should be used or divided. The most common partitions are either a physical division of the property, a sale of the property, or a combination of the two. In Florida, a partition action is started by a complaint filed with the court. The court will then appoint a referee to mediate the dispute and evaluate the property. The court will order a division or sale of the property unless one of the parties can show why the property should not be divided or sold. The court will also decide how to divide the proceeds if a sale is ordered. Once the court approves a partition, the referee will sign an order filed with the court that will officially divide the ownership of the property. The order may spell out how the division is to take place, such as giving each owner an undivided interest in the property or ordering the physical division and transfer of title to the respective owners. Partition of property is an important tool for dispute resolution in Florida and is an important concept for anyone involved in real estate transactions.

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