Miami Property Partition Lawyer
Award winning partitions law firm in Miami
Owning a home or a piece of land near the beautiful Miracle Mile in Coral Gables is a major part of the American dream. However, that dream can become difficult when you own property with someone else, and you no longer agree on what to do with it. If you find yourself stuck with a co-owner who refuses to sell or buy you out, a Miami property partition lawyer can help you find a path forward.
A partition is a legal action used to divide real estate among its owners. It is a way for the court to step in and either split the land into pieces or, more commonly, order the property to be sold so everyone gets their fair share of the money.
Whether the property is a family home passed down through generations or a business investment near the Biltmore Hotel, Florida law provides clear rules for how these situations are handled. Any person who owns even a small percentage of a property has the right to ask for a partition. This legal tool helps resolve deadlocks between siblings, former partners, or business associates who can no longer work together.
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Why Choose The Estate Plan for Your Miami Property Partition Action?
The Estate Plan is a boutique firm that understands how deeply personal property disputes can be. We focus on helping families protect their legacy by planning for “What If” and preparing for “What Now.” When you work with us, you are not just another case file; you are a neighbor in our South Florida community who deserves a uniquely tailored solution. We pride ourselves on being a paperless, cloud-based office, which means we can respond to your needs in real-time from anywhere.
- Our Asset Alignment service helps confirm that all your holdings are correctly positioned within your legal plans to prevent future disputes.
- We offer 24/7 access to an attorney for emergency situations because we know legal worries do not only happen during business hours.
- Our team prioritizes listening to your specific goals before suggesting a strategy, making sure the process fits your family’s needs.
- We welcome the chance to work with your financial planners and accountants to create a total strategy for your wealth and peace of mind.
We provide the extensive resources typically found at larger firms while maintaining the heart and sensitivity of a local, family-focused practice. Our goal is to help you achieve a fair result so you can move forward with your life and focus on the people you love.
Understanding Your Rights with a Miami Property Partition Lawyer
When two or more people own property in Florida, they are usually “tenants in common” or “joint tenants.” If one person wants to sell and the others do not, the law does not force you to stay tied to that person forever. A Miami property partition lawyer helps you start a lawsuit that asks a judge to break that tie. This is not about being mean or aggressive; it is about using the legal system to get your equity—the cash value you have built up in the home—out of the property.
There are two main ways a court handles a partition:
- Partition in Kind: This is where the court physically divides the land. For example, if you own 10 acres of vacant land in West Miami-Dade, the judge might give five acres to one person and five to the other.
- Partition by Sale: This is the most common result for houses or condos. Since you cannot easily cut a house in half, the court orders the property to be sold. The money from the sale is then split between the owners.
Once the court orders a sale, the property is typically sold at a public auction or through a private realtor. After the sale, the court looks at “credits” and “adjustments.” This means if you paid the property taxes or the mortgage by yourself for years, you might get a larger portion of the sale money to make things fair.
Common Situations Requiring a Partition Action
Many people find themselves needing a Miami property partition attorney after a major life change. It is very common for family members to inherit a home together after a parent passes away. While everyone might have loved the family home growing up, they may have very different ideas about what to do with it now. One sibling might want to live in it, while another wants to rent it out, and a third wants to sell it immediately to pay off debt.
Other situations where this legal process becomes necessary include:
- Unmarried couples who bought a home together but have since ended their relationship.
- Investors who bought a property to flip or rent but now disagree on the management or the timing of a sale.
- Friends who pooled their money to buy a vacation condo near the beach but no longer want the responsibility of co-ownership.
In these cases, the law focuses on fairness and the rights of the individual owner. You do not need the permission of the other owners to file for a partition. It is a right you have under Florida law to ensure you are not held hostage by a co-owner’s refusal to cooperate.
How the Partition Process Works in Florida
The process starts when your lawyer files a formal complaint in the county where the property is located. If the home is in Coral Gables or Coconut Grove, the case will likely go through the Miami-Dade County court system. The other owners will be served with legal papers and given a chance to respond. Often, the mere act of filing the lawsuit encourages everyone to sit down and talk, leading to a settlement where one person buys out the other without needing a full court trial.
If the case does proceed, the court will appoint a “special master” or a person to handle the sale. Property sales must follow specific local rules to be valid. The judge will also decide how to split the attorney fees. In many partition cases, the court may order that the attorney fees for the person who started the lawsuit be paid out of the total sale price of the house, because the legal work helped everyone get their money.
Dealing with these legal steps can feel like a lot to handle, but having a clear plan helps lower the stress. Most partition cases end with a sale or a buyout, allowing everyone involved to start fresh with their share of the assets.
Miami Property Partition FAQs
The legal system has many moving parts, and it is natural to have questions about how a partition works in South Florida. Here is some helpful information regarding common concerns people have when they are looking to divide shared property.
Can I stop a partition if I want to keep the house?
If you want to keep the property, the best way to stop the court-ordered sale is to buy out the other owner’s interest. You would need to pay them the fair market value for their share. If you cannot reach an agreement or afford the buyout, the court will almost always allow the partition to move forward because Florida law favors the right of an owner to separate their interests from those of others.
How is the money split if I paid for all the repairs?
During the legal process, there is a step called an “accounting.” This is where the judge looks at who paid for things like the mortgage, insurance, and necessary repairs. If you can prove you paid more than your fair share of these costs, the court can give you a “credit,” meaning you get more of the money from the sale to reimburse you for those expenses.
Does a partition action affect my credit score?
A partition lawsuit is a civil matter and is not the same as a foreclosure or a bankruptcy. Generally, the lawsuit itself does not impact your credit score. However, if there is a mortgage on the property, it is vital to keep making payments during the lawsuit to avoid late marks on your credit report until the home is sold and the loan is paid off.
What happens if there is a tenant living in the property?
If the property is being rented out, the lease agreement generally stays in place even if a partition is filed. The court will decide how the rental income should be split between the owners while the case is pending. Once the property is sold, the new owner will usually have to honor the existing lease unless the contract says otherwise.
How long does it take to finish a partition case in Miami-Dade?
The timeline varies depending on how much the owners disagree. If everyone eventually agrees to a private sale, it might take a few months. If the case goes all the way to a court-ordered auction, it could take six months to a year or more. Using modern tools like cloud-based document sharing can help speed up the communication process between all parties.
Secure Your Property Rights Today
Peter Dyson – Miami Property Partition Lawyer
When co-owning property becomes a source of tension rather than a source of security, it is time to take action. You deserve to have your hard-earned equity protected and your future secured. The team at The Estate Plan is ready to listen to your story and help you find a creative solution that brings you peace of mind.
Whether you are dealing with an inherited home or a business dispute, we are here to handle the “What Now” so you can focus on your next chapter. Reach out to The Estate Plan today to speak with a knowledgeable professional about your property concerns.
Have questions about how to get started on your estate plan or estate needs?
Have questions about how to get started
on your estate plan or estate needs?
Contact the experienced estate planning professionals at The Estate Plan
by calling us at (305) 677-8489.
Contact the experienced estate planning professionals at The Estate Plan by calling us at
(305) 677-8489.
