The Benefits of Hiring a Real Estate Partition Lawyer in Florida

When co-owners of Florida real estate can’t agree on how to divide or sell a property, a real estate partition lawyer can provide essential legal guidance and representation. Whether you’re a family member inheriting property, a real estate investor in a dispute, or an ex-partner in a shared home, partition actions may be the solution—and the right attorney is your strongest ally.

What Is a Partition Action?

A partition action is a legal remedy used when co-owners of a piece of real estate cannot agree on whether to sell or divide the property. Under Florida Statutes Chapter 64, any co-owner has the legal right to file a partition lawsuit and ask the court to fairly divide or sell the property.

There are typically two types of partition:
– Partition in kind – physically dividing the property (usually land)
– Partition by sale – selling the property and dividing the proceeds

Why You Need a Partition Attorney

Real estate partition cases can be legally complex, emotionally charged, and financially significant. Here’s how a qualified partition lawyer helps:

1. Protect Your Rights

An attorney ensures that your ownership interest is properly documented and presented to the court, protecting you from being disadvantaged in the division or sale.

Case Example:
In Condrey v. Condrey, 92 So. 2d 423 (Fla. 1957), the Florida Supreme Court emphasized that courts must ensure a fair distribution in partition actions, especially when personal relationships complicate ownership.

2. Force a Sale When Necessary

When one party refuses to sell or cooperate, a partition lawsuit can force a court-supervised sale of the property.

Case Example:
In Furman v. Holloway, 237 So. 2d 501 (Fla. 3d DCA 1970), the court held that a partition by sale was appropriate where a physical division of the property was impractical and inequitable.

3. Resolve Title and Expense Disputes

Partition actions often involve disagreements over:
– Improvements made by one party
– Who paid for taxes, insurance, or mortgage
– Who has exclusive possession

An attorney helps ensure that credits and set-offs are properly argued.

Case Example:
Williams v. Williams, 671 So. 2d 248 (Fla. 1st DCA 1996), established that courts may award a credit to one co-owner for expenses like taxes or repairs when they exceed the co-owner’s pro-rata share.

Partition Actions in Ormond Beach and Volusia County

Local real estate conditions, zoning laws, and court practices in Volusia County may impact how your partition case proceeds. A lawyer familiar with the Seventh Judicial Circuit and local judges provides a strategic advantage.

Whether the property is a single-family home in Ormond Beach, a beachside duplex in Daytona, or a vacant parcel in Port Orange, tailored legal advice is critical.

When Should You Hire a Partition Lawyer?

You should consider hiring a partition attorney in Florida if:
– You inherited a property with family members and can’t agree on selling it.
– You purchased an investment property with a partner and want out.
– You’ve been living in or maintaining the property and want compensation.
– You need to untangle complicated title issues.

Don’t Navigate This Alone

Partition lawsuits involve property law, civil procedure, and emotional dynamics. Without legal guidance, you risk losing value, wasting time, or facing unfair outcomes. A skilled Florida real estate partition lawyer protects your investment and your rights.

Contact Our Ormond Beach Partition Attorneys Today

At Law Offices of Andrew J. Pascale, P.A. we represent homeowners, heirs, and investors throughout Ormond Beach, Daytona Beach, and Central Florida in complex partition matters. We’ll help you explore your legal options and pursue a fair resolution—through negotiation or litigation.

Call us today at 877-667-1211 for a confidential consultation.