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Frequently Asked Questions About Partition
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I own property with someone. They are refusing to sell. Can I force it to be sold?
Yes, Florida law allows you to force the sale of real property that you co-own through a partition action. Essentially, this is a lawsuit where you ask the Court to appoint an independent person to sell the property and divide the proceeds among the owners.
Can I take someone off my deed?
Short answer, no. If they are ‘on your deed’ as an owner, you will need to file a lawsuit to force a sale or buyout. This is known as a partition lawsuit in Florida.
I have paid all or some of the expenses and want to be reimbursed. Is that possible?
Yes, if you have paid expenses for the property, you are entitled to request that the Court determine if you are owed any money from the other co-owner(s). If so, the Court will award you a reimbursement.
Does majority rule on the deed?
No, even if you own a smaller portion of the property, Florida law allows you to seek a forced sale. In other words, you will always have the right to get your share of the property.
Can I force a buyout of my other co-owners?
In some cases, yes. If you inherited the property, Florida has a provision that allows a buyout through the Court.
Let us help you gain access to your share of the property.