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What is a Partition suit?

A partition suit (or partition and contribution suit) is a lawsuit that a person files in order to force the division of real property. It also enables that person to get contribution from the other owners for expenses of the property if others are not paying their fair share. 

These types of suits may be brought by couples who are going through a divorce, unmarried couples who purchased property together, siblings, or almost anyone who shares an interest with someone else in Florida real property.

Usually a partition suit is filed when one person refuses to cooperate in listing or selling the property. There are 2 types of partition: PARTITION IN KIND AND PARTITION BY SALE. A partition in kind may occur when the property can be divided up between the owners. For example, if you and 3 of your friends purchased a 40 acre plot of undeveloped land, you may seek a partition in kind where you each take 10 acres.

A person will seek a partition by sale when the property cannot be divided, such as when there is a home built on the property. The house cannot be cut in half, so the person seeking partition is asking the court to force the SALE of the whole property in order for each party to get their fair share. You should be aware also that you may be able to force the uncooperative party to pay your attorney's fees depending on the circumstances.

For further assistance, or if you need to institute or defend a Partition and Contribution suit, visit www.celiadeifik.com or call us at 239-262-6161.

This post was contributed by Holly Rice, the associate attorney at Lanier & Deifik, P.A.

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