Greenacres Partition Action Attorney

When two or more people own the same piece of Palm Beach County property and one of them wants out, the disagreement tends to harden fast: one co-owner wants to sell, another refuses, and the mortgage, taxes, and repairs keep coming due. The Andrew M. Schwartz Legal Team represents co-owners, investors, heirs, and former business partners in partition disputes and real estate litigation across Palm Beach County, Broward County, and the rest of South Florida.

A Greenacres partition action attorney is often brought in after informal talks have failed. Partition is the court-supervised way to end a co-ownership that no one can resolve by agreement. Florida courts treat these cases as equitable proceedings, which means a judge can divide land physically between owners or, when division would leave everyone worse off, order a sale and split the money according to each owner’s share.

Most residential lots in and around Greenacres are not the kind of land that can be sliced into two workable parcels, so sale is a realistic outcome in many cases. Whether your goal is to force a sale, buy out the other owners, or resist a partition someone else has filed, the first decisions you make shape everything that follows.

How Florida Partition Cases Actually Work

Partition cases are governed by Chapter 64 of the Florida Statutes, and every partition action is brought in equity. The complaint has to describe the land, identify each owner and where they live, and state what share each one holds, along with anything else the court needs to sort out the owners’ rights. Getting those details wrong at the start can stall the case for months, which is why title review comes before filing.

Once the court enters a judgment of partition, it appoints three commissioners, either agreed on by the parties or chosen by the judge. The commissioners evaluate whether the property can be divided fairly. If they report that division cannot be done without prejudice to the owners and the court agrees, the court may order the property sold at public auction to the highest bidder, with proceeds distributed in proportion to each owner’s interest. In some cases the court may allow a sale on reasonable credit for good cause, but at least one-third of the purchase money must be paid down unless every party consents to different terms.

That auction outcome surprises many clients. Public sales can bring less than a negotiated listing, which is why we often use the pending case as leverage for a private buyout or an agreed sale on better terms. Our attorneys are experienced in mediation as well as courtroom litigation, and in partition cases a well-timed settlement frequently beats a commissioner-driven process on both cost and result.

Inherited Property and the Heirs Property Rules

Family-owned property raises a separate set of rules. Part II of Chapter 64 is Florida’s Uniform Partition of Heirs Property Act, which applies to partition actions filed on or after July 1, 2020. If the court finds the property qualifies as heirs property, the case must proceed under that Act unless every cotenant agrees otherwise in a record.

In general terms, heirs property is real estate held as tenants in common with no binding agreement among all the cotenants about partition, where at least one cotenant got title from a relative and a further condition is met. One of those conditions is that twenty percent or more of the interests are held by cotenants who are relatives. When the Act applies, the court will not order partition in kind unless commissioners have weighed the statutory factors and found that dividing the land would prejudice the cotenants as a group. The practical effect is added protection for relatives who want to keep a family home, and added procedural steps for anyone seeking a forced sale.

Why Choose the Andrew M. Schwartz Legal Team for Partition Disputes

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Palm Beach County, Broward County, and clients from New York, New Jersey, and Connecticut who own property or business interests in South Florida. Founder Andrew M. Schwartz has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in state and federal courts. The firm practices as a true legal team, so everyone working on your matter knows the file, and we keep a strict 24 hour return call policy when we are in court or otherwise unable to respond right away.

Partition disputes rarely arrive alone. They often grow out of a failed business, a dissolved partnership, an estate, or a relationship that ended, and our practice covers those underlying issues: business divorce, partnership and member disputes, title disputes, quiet title actions, and claims over missing money. The firm also recently obtained a 32-page final judgment after a five-day bench trial in Broward County Circuit Court awarding a client specific performance of a commercial real estate contract, a result that reflects our comfort taking real property disputes all the way to trial.

Clients often assume they need the most combative lawyer available. In our experience, they want someone who acts as the situation requires, uses finesse when finesse will do, and keeps legal fees in proportion to what is actually at stake.

Situations That Lead to Partition and Title Litigation

• Former Business Partners Holding Property Together: Partners who bought a building or lot through an entity or as individual co-owners often end up in partition when the business fails and no one agrees on who keeps the asset or how it is valued.
• Siblings and Heirs Sharing an Inherited Home: One sibling wants to sell, another lives in the house, a third has stopped paying their share of taxes. The heirs property rules may shape the available remedies.
• Unmarried Couples on a Shared Deed: When a relationship ends and both names are on the title, neither can sell or refinance without the other, and a court-ordered partition may be the only exit.
• Investors in Shared Rental or Development Property: Co-investors disagree about whether to hold, improve, or sell, or one investor stops contributing to carrying costs.
• Co-Owner Who Has Stopped Paying: Unpaid mortgage, taxes, insurance, and repairs create competing claims that must be accounted for when proceeds are divided.
• Clouded or Competing Title: When someone who is not the rightful owner holds a deed or asserts a claim, a quiet title action can cancel the conveyance and clear the cloud. These cases can be filed in any county where part of the land sits, and the plaintiff generally must trace title back at least seven years unless the court orders otherwise.
• Out-of-State Owners: Owners living in New York, New Jersey, or Connecticut who hold a share of South Florida property can pursue or defend a partition without traveling to every hearing, because we handle the local court appearances.

What to Do Before and After a Partition Dispute Surfaces

Start by gathering the paper trail: the deed or deeds, any co-ownership or operating agreement, the closing statement, mortgage statements, property tax bills, insurance policies, and records of who has paid for what. In a partition, those records decide whether one owner gets credit for carrying costs or improvements, and they are far easier to collect before the dispute turns adversarial.

Check how title is actually held. Tenants in common, joint tenants, and entity ownership lead to different results, and a property held through an LLC may require a business dissolution or member-dispute approach rather than a straight partition. If a partnership or company is behind the property, the operating agreement may already contain a buyout, deadlock, or exit mechanism worth using first.

Be careful with deadlines tied to your specific claim. Claims founded on a written instrument generally carry a five-year limitations period in Florida, while contract claims without a written instrument carry four years. A suit to recover real property can be barred unless the plaintiff or a predecessor was in possession within seven years before filing. Adverse possession claims in Florida also rest on seven years of possession, with additional requirements. Because the right deadline depends on the theory of your case, have the facts reviewed early.

Avoid the common mistakes: changing the locks on a co-owner, collecting rent without accounting for it, letting taxes lapse, or signing a deed or buyout paper without understanding what you are giving up. If one owner is draining the property or diverting rents, emergency injunctive relief may be available to freeze the situation while the case proceeds.

Partition cases over Greenacres property are filed in circuit court in Palm Beach County, which sits in the Fifteenth Judicial Circuit. The circuit court there is a general jurisdiction court. If the dispute also involves a Broward County entity or parcel, the Seventeenth Judicial Circuit would handle that side of the case, and the Southern District of Florida can become involved when federal jurisdiction applies. Before filing, we evaluate where venue is proper and whether a negotiated resolution makes more sense than starting a lawsuit.

When the Partition Is Part of a Business Breakup

If the co-owned property is tied up in a company, the remedy may be dissolution rather than partition. Florida’s LLC statute lets a member or manager seek judicial dissolution on specific grounds, including that the owners are deadlocked and irreparable injury to the company is threatened, that assets are being misappropriated or wasted, or that it is not reasonably practicable to carry on the business under the operating agreement. In those proceedings the court can appoint a receiver or custodian after notice and a hearing, or order a buyout of the petitioning member’s interest.

For corporations, shareholders have a parallel path, and the corporation or other shareholders may elect to purchase the petitioner’s shares at fair value to avoid dissolution. If the parties agree on value and terms within 60 days of the first election, the court enters an order directing the purchase on those terms. A deadlock sale provision in your agreement may also control. Reading the agreements first is often what separates a quick buyout from a long fight.

Partition Action FAQs for Greenacres Property Owners

What is a partition action in Florida?

It is a lawsuit asking a court to end a co-ownership of real property, either by dividing the land among the owners or, if that is not practical, by ordering a sale and splitting the proceeds according to each owner’s share.

Can one co-owner force a sale even if the others refuse?

Generally yes, because a co-owner has the right to seek partition. The court decides whether the land can be divided or must be sold, and special heirs property rules can change the process when the property was inherited.

Who decides how the property is divided or sold?

After a judgment of partition, the court appoints three commissioners, chosen by the judge unless the parties agree on them. Their findings drive whether the court divides the property or orders a sale.

Will the property be sold at auction?

It can be. If division would prejudice the owners, the court may order a public sale to the highest bidder. Many owners prefer to negotiate a private sale or buyout instead, since auctions can produce a lower price.

What is heirs property, and why does it matter?

It is generally real estate held as tenants in common among relatives with no binding partition agreement, where certain statutory conditions apply, such as twenty percent or more of the interests being held by relatives. The Act adds protections and extra steps before a court will order a forced sale.

Does a co-owner who pays the mortgage and taxes get credit?

Often there is an accounting among the owners for carrying costs, improvements, and rents collected, so keep every payment record. The outcome depends on the facts and the agreements among the owners.

My former business partner and I own the building together. Is partition my only option?

No. Depending on how title is held, you may have buyout rights under an agreement, a business divorce or dissolution claim, or a negotiated sale. We review the documents to choose the path that fits your goals.

How long does a partition case take in Palm Beach County?

It depends on whether the owners contest the claim, whether title issues need to be resolved first, and whether the case settles. Uncontested or settled cases move much faster than cases that go through commissioners and a court-ordered sale.

Can I handle this from New York, New Jersey, or Connecticut?

Yes. We regularly represent out-of-state owners, keep them informed at each stage, and handle the local court proceedings so they do not have to travel for every hearing.

What if someone else’s name is wrongly on the deed?

A quiet title action can cancel a conveyance or other evidence of title held by someone who is not the rightful owner. These actions can be filed in any county where part of the land is located.

Is it worth hiring a lawyer if the property is modest in value?

Often it is, because the cost of mistakes, such as a lost credit claim or a forced sale at a poor price, can exceed legal fees. We aim for a resolution that fits both your goals and your budget rather than extending a case for its own sake.

Can a partition be stopped if a co-owner is wasting or hiding assets?

Separate from partition, a court can issue temporary or permanent injunctions to protect property and assets while the dispute is pending, including early and emergency relief when the situation cannot wait.

Serving Partition and Real Estate Clients Around Greenacres and Palm Beach County

We represent co-owners in Greenacres and across Palm Beach County, including Lake Worth Beach, Lantana, Atlantis, Palm Springs, Wellington, Royal Palm Beach, Boynton Beach, Delray Beach, Boca Raton, West Palm Beach, and Palm Beach Gardens. Our work also reaches neighboring Broward County, including Fort Lauderdale and the surrounding communities, as well as clients throughout South Florida.

Many of the owners we help live elsewhere, including New York, New Jersey, and Connecticut, and hold a share of South Florida homes, rental property, or commercial real estate. Whether you are a local family trying to settle an inherited home or an investor trying to exit a shared deal, we handle the Florida court proceedings from start to finish.

Speak With a Greenacres Partition Lawyer About Your Co-Ownership Dispute

If a co-owner is blocking a sale, refusing to buy you out, or you have been served with a partition complaint, the Andrew M. Schwartz Legal Team can review the title, the agreements, and your options. As a Greenacres partition lawyer team serving Palm Beach County, we will tell you whether negotiation, a buyout, or litigation makes the most sense. Call us to schedule a consultation.