What is a court ordered partition?

A court ordered partition is a legal procedure that divides a piece of real property (land) into two or more separate lots, parcels, or tracts, in which each owner owns a portion of the land. It is a way for individuals to divide the property they jointly own, without having to sell it or transfer ownership. In Florida, the court may order a partition when requested by the owners or by creditors of owners. A court ordered partition, also known as a litigation partition, is different from a voluntary partition. A voluntary partition occurs when two or more joint owners voluntarily decide to divide the land among themselves without involving a court. A litigation partition is one that is forced by the court. When the court orders a partition, it appoints an independent representative, often called a partition commissioner, to survey the property and decide how to divide it. The appointed representative will make sure that all owners of the property are treated fairly and that the division of the property is consistent with the laws of the state. Since court ordered partitions are a legally binding action, it is important to have experienced legal representation. An attorney will be able to explain the process involved, advise you of your rights, and help to ensure that the process of dividing the property is done properly and efficiently.

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