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Partition Actions Lawyers in Orlando, Florida
Legal Counsel, P.A. is a law firm that employs a partition action lawyer in Orlando, Florida who can assist you if you own property with another person, investor, or party and want to divide your shares in the property. There are many situations where a property might have more than one owner. You and your spouse may co-own the property or you and a friend, family member, or loved one, purchased a property together. Another situation where two parties might co-own a property is when investors or companies purchase a property together. Problems can arise. What happens when couples divorce, when family members, friends, or partners disagree about what should be done with the property? One solution is for the co-owners to sell the property and split the proceeds. However, sometimes this is not always possible. Another option is to institute a partition action.
What is a partition action? A partition action is when the court determines how to dispose of real property when the owners have conflicting opinions as to what to do with the property. The court will also oversee the partition process. Partition actions are governed by Section 64 of the Florida Statutes. The easiest form of partition action is if two parties own land. The court can divide the land equally or equal to each party’s ownership share and, while both parties end up with smaller parcels of land, each party owns the land him or herself. A more complex partition action may occur if both parties cannot agree about what should be done about a property that cannot be divided, like a home or condo. For example, in a divorce a partition action might be required if the couple cannot agree about what to do with the house. A partition action is a legal action which forces the sale of the property and is overseen by the court. The sale proceeds are then split equally or equitably based on each party’s share in the home or property.
Whether a partition action is being performed voluntarily by all parties, or if one party forces an action due to disagreement about how to dispose of a property, the partition action lawyer at Legal Counsel, P.A. in Orlando, Florida can help you. When parties disagree about what should be done with property tensions can run high and emotions may be involved, especially if there is a divorce or partnership break-up taking place. The partition action lawyer at Legal Counsel, P.A. can assist individuals in seeking a partition action with the court, or in negotiating a partition action where property or land is divided. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
The Two Types of Partition Actions in Orlando, Florida
There are two types of partition actions in Orlando, Florida. Partition in Kind and Partition by Licitation, or sale. One type can be more complex than the other. Here are the differences:
- Partition in Kind. If you own land or property that can easily be split, then a partition in kind will simply divide the boundary lines of the property and give one part to one owner and the other part to the other owner. Each party ends up with a smaller parcel of land, but each party owns the parcel in its entirety. Generally, both parties agree about the division when partitions in kind take place.
- Partition by Licitation. If you and your co-owner cannot agree about what to do with shared property, a partition by licitation, or sale, may be required. If you co-own a home, condo, or a parcel of land too small to split, the court may oversee the sale of the land and the division of proceeds from the sale.
When it comes to partition actions, there are judicial partitions and voluntary partitions. Voluntary partitions can often be accomplished through mediation and with the help of a partition action lawyer employed at Legal Counsel, P.A. in Orlando, Florida. However, with a judicial partition, both parties may go to court and there may be disputes about ownership, each party’s share, or other issues. Partition actions connected to a divorce can be complex because the court may not always agree that each party owns an equal share in the home. Having a lawyer on your side if you need to pursue a partition action through litigation can be helpful. Contact Legal Counsel, P.A. a law firm that employs a partition action lawyer in Orlando, Florida today. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321.
Mediation vs. Partition Actions in Orlando, Florida
If you own land with another person it might be in your best interest to first try to resolve your disagreements through mediation with the help of a partition action lawyer employed at Legal Counsel, P.A. in Orlando, Florida. Our lawyer can help you understand your rights and options when it comes to selling real estate, dividing parcels of land, and splitting proceeds from a sale. In many cases, both parties can reach an agreement outside of court. If you choose to divide land, a partition action can often be performed with the assistance of Legal Counsel, P.A. a law firm that employs a partition action lawyer in Orlando, Florida.
However, sometimes co-owners of property simply cannot agree about what to do. If you are married and one spouse wants to keep the family home while another wants to sell. Perhaps you were in a business partnership and one person wants to develop the land while the other wants to sit on the investment. Perhaps you own a home or condo that cannot easily be split like land. If you and your siblings inherited property from your parents and you cannot decide what to do with the property. Regardless of the reason for your disagreement, a partition action may be an option. In this case, you may have to take your case to court, where a judge will oversee the sale of the property and the division of proceeds. Generally, this type of partition action should be a last resort because litigation is always more expensive than mediation. If there is any option for an agreement to be reached by mediation, co-owners might be wise to reach a resolution out of court. Contact Legal Counsel, P.A. a law firm that employs a partition action lawyer in Orlando, Florida today to learn more. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.