Experienced Representation in Brevard County
When multiple individuals or entities own real estate together and cannot agree on whether to sell, manage, or maintain the property, Florida Statutes Chapter 64 provides the absolute right of partition. Attorney James E. Orth Jr. guides co-owners through partition actions, ensuring property value is protected and credits for taxes, mortgage payments, and improvements are fairly accounted for.
How We Assist Our Clients
Partition by Sale
When real estate cannot be physically divided without prejudice, petitioning the court to order a private or judicial sale and divide net proceeds.
Inherited / Heirs Property Disputes
Assisting family members and siblings who jointly inherit residential or vacant Florida real estate and disagree on property disposition.
Accounting for Property Expenses
Securing court offsets and financial credits for co-owners who paid property taxes, insurance, mortgage balances, or maintenance costs.
Negotiated Co-Owner Buyouts
Structuring legal buyout agreements and deed transfers between parties to avoid costly prolonged litigation whenever possible.
Frequently Asked Questions
Can one co-owner force the sale of a Florida property?
Yes. Under Florida law, any tenant-in-common or joint tenant has the statutory right to file a partition lawsuit. If the property cannot be physically partitioned (which is true for almost all single-family homes and developed commercial properties), the court will order the property sold.
Who pays attorney fees in a Florida partition action?
Under Florida Statute 64.081, court costs and reasonable attorney fees in a partition action may be apportioned among the parties according to their respective interests in the property.