Partition actions are common in divorces when the spouses cannot determine how to divide the property. A marital home is a significant asset and can be the source of major conflict in a divorce proceeding. A party in a divorce can file for a partition action whether they want to keep the house or whether they want it sold. The court cannot order a partition of marital property without one party filing for it or pledging for partition in the dissolution of marriage petition. If a party pledges for the partition in the dissolution of marriage petition then he or she will avoid filing a second action for petition. When the court orders partition, it is often difficult to fight because the action is brought as a result of the parties being unable to resolve their dispute over the property.

If a couple just owns a large undeveloped plot of land, then the court can order a physical division of the land. This is possible when the land can be divided in a manner that gives each party a plot of equal value. Most plots of land will have a home, which is impossible to divide evenly. Therefore, this type of partition action is uncommon. 

More commonly, the court will order a sale of the home and divide the profits between the partners. The court can order the sale despite any homestead protections on the house. When the property is deemed indivisible and the court orders its sale, the court may appoint a clerk or magistrate to privately sell the property or hold an auction for the highest bidder. The problem with partition in this case is that the owners can lose money if the sale is at an inopportune time. However, an attorney can help to file for a partition while protecting the interests of the parties and the value of the property with appraisal and land use planning. 

Florida recognizes tenancy by the entirety for married couples owning property. If a couple owns the property as tenants by the entirety, then they must wait for their divorce decree before the court can order a partition action. Married couples are not able to file for a partition action of marital property. 

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Founding partner Eric Gros-Dubois established EPGD Business Law in 2013. With over a decade of experience expanding the firm and leading it to its current success, Eric now primarily manages the corporate division of EPGD. Given Eric’s educational background, holding both a JD and MBA, combined with his own unique experience of starting a business from scratch and growing it to a multi-million dollar firm, he brings a specialized and invaluable perspective to those seeking legal assistance for themselves and their businesses. Having now instilled his same values in our team of skilled corporate associates, Eric leads a firm that is always ready, willing, and equipped to handle any and every legal matter that a business owner may have.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.

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