Partition of Marital Home in an Orlando, Florida Divorce
- March 31, 2023
- ontarget
- Divorce
- 0 Comments
Can you partition the home prior to entry of the final judgment of dissolution of marriage? Partition of property held as tenants by the entireties is not permitted prior to entry of final judgment dissolving the marriage of the owners. Florida law does not permit partition of property held as tenants by the entities while the parties are married. This holds true even if both parties plead for partition.
However, one may seek an interim partial distribution under section 61.075(5), Florida Statutes (2021), upon a showing of extraordinary circumstances.
Actions for partition are based in equity and are governed by 64, Florida Statute. In dissolution of marriage actions, to justify partition, one of the parties must plead a right thereto in accordance with Chapter 64. A general plea for the division of the property of the parties is insufficient.
The requirement of a pleading pursuant to Chapter 64 is no idle whim since partition involves certain rights, such as the right to partition in kind, a determination of the respective interests of the parties in the property, and the proper distribution of the proceeds from a sale.
Partition is a statutory remedy in Florida, the statutory provision explaining who may bring a partition action against whom is controlling. Section 64.031, Florida Statutes (2021), states that the action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or other interested in the lands to be divided. 64.031, Florida Statute (2021). Additionally, section 64.051, Florida Statute (2021). The plain language of sections 64.031 and 64.051 makes clear that partition judgment may be entered in favor of a joint tenant, tenant in common, or coparcener against a joint tenant, tenant in common, or coparcener.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.