Florida Real Estate Title Dispute Attorney

Most title disputes end one of two ways: a court declares who owns the property and clears the record, or the competing owners work out a deal that lets one side walk away clean. The Andrew M. Schwartz Legal Team represents owners, investors, heirs, and former business partners in a Florida real estate title dispute attorney capacity, handling quiet title actions, competing ownership claims, and co-ownership conflicts for clients in Palm Beach County, Broward County, and across South Florida.

A title problem rarely announces itself politely. It surfaces when a sale falls apart because a lender’s title search turns up a claim nobody knew about, when a relative records a deed that should never have been signed, or when a co-owner decides the property should be sold and the other does not. The cloud on title may be a forged document, a stale lien, an old conveyance with a defect, or simply an ownership share that two people each believe is theirs. Until it is resolved, you generally cannot sell, refinance, or confidently develop the property.

What separates a title dispute from a standard real estate dispute is the object of the fight. A failed closing is about whether a contract was performed. A title dispute is about who actually holds the ownership interest, and the remedy is usually a court judgment that fixes the answer on the public record.

Why Choose the Andrew M. Schwartz Legal Team for a Title Dispute

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Palm Beach County and Broward County, with clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout South Florida. We also represent clients from New York, New Jersey, and Connecticut who own property here or share ownership with someone in Florida. For those clients we handle the local court appearances so they are not traveling for every hearing.

Andrew M. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. His career has centered on complex contract disputes and conflicts among partners, LLC members, and shareholders, which matters in title cases because so many of them grow out of a failed business relationship or a shared investment. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate litigation experience in both state and federal courts.

The firm practices as a true legal team, so everyone working on your file knows it and can answer when you call. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable. We are also experienced in mediation and arbitration, and we look for the resolution that fits your goals and budget rather than stretching a case out for its own sake.

On the courtroom side, the firm recently obtained a 32-page final judgment from the Broward County Circuit Court after a 5-day bench trial, awarding our client specific performance of a commercial real estate contract. That is the kind of document-driven, evidence-heavy work a contested ownership case demands.

Situations That Lead to Title and Ownership Disputes

• Clouds on Title: A recorded deed, lien, or other instrument held by someone who is not the rightful owner can be challenged in a suit to cancel it and clear the record. Florida law lets a plaintiff ask the court to remove that cloud and declare who holds title.
• Competing Claims Under a Common Source: Two or more people may claim the same land through the same prior owner, such as overlapping deeds from a single seller. Florida courts have authority to determine which claim controls.
• Fraudulent or Forged Conveyances: A deed signed under false pretenses, or an attempted transfer that was never authorized, can be attacked through a quiet title action. Florida law provides a faster summary procedure for cases built on a fraudulent attempted conveyance.
• Adverse Possession Claims: Someone who has occupied property for years may try to claim it. Florida requires seven years of continuous possession, with specific rules on whether the claim is backed by recorded paperwork, and claimants must file a return identifying the land with a full legal description.
• Partition Between Co-Owners: When owners cannot agree what to do with shared property, any of them can ask the court to divide it or order a sale and split the proceeds. This is common among former business partners, siblings, unmarried couples, and co-investors.
• Inherited Property Held by Relatives: Property passed down to several family members often creates tension over who lives there, who pays, and who wants out. Florida has a separate set of partition rules for heirs property that changes how these cases proceed.
• Disputes Rooted in Failed Partnerships: When a company or investment group breaks apart, real estate held in the entity or in the owners’ names can become the central fight, alongside claims over money and management.
• Failed Closings and Contract Disputes Affecting Ownership: Buyers and sellers sometimes litigate over whether a sale must be completed, which can decide who ends up holding title.

Quiet Title Actions: What a Florida Court Looks At

A quiet title action is the main tool for resolving competing ownership claims. Florida’s chancery jurisdiction covers suits by anyone claiming legal or equitable title to land, including cases where several people claim the same property from a common source. The court’s job is to determine the true owner and enter a judgment that quiets title. A complaint can also be filed to cancel a conveyance or other document held by someone who is not the rightful owner and is asserting a claim.

These cases are filed in the circuit court of any county where any part of the land sits. For property in Palm Beach County, that means the Fifteenth Judicial Circuit; for Broward County, the Seventeenth Judicial Circuit. A plaintiff is generally expected to trace the chain of title back at least seven years before filing unless the court orders otherwise, which is why a thorough title search and document review come before any pleading goes on file.

Not every title fight looks the same, and the strength of a case depends on the paper trail. We look at deeds, mortgages, probate records, entity filings, and the history of how the parties actually dealt with the property. Often the answer sits in a document that was recorded incorrectly, signed without authority, or never recorded at all.

Partition and Co-Ownership Conflicts

Partition is different from quiet title. Nobody is disputing that the co-owners own the property; they disagree about what happens next. All partition actions in Florida are heard in chancery. The complaint must describe the land, identify the owners and where they live, and state what share each holds. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. If the commissioners conclude the property cannot be divided without prejudice to the owners, the court can order a public sale to the highest bidder and divide the proceeds according to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone consents otherwise.

Heirs property gets different treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition cases filed on or after July 1, 2020. Property qualifies when it is held as a tenancy in common with no binding agreement among the cotenants governing partition, at least one cotenant acquired title from a relative, and another listed condition applies, such as twenty percent or more of the interests being held by cotenants who are relatives. When the property is heirs property, the court must follow the Act unless every cotenant agrees otherwise, and a division of the land itself is not ordered unless commissioners have weighed the statutory factors and found that division would prejudice the cotenants as a group.

What to Do When Your Ownership Is Challenged

Start by collecting every document that touches the property: the deed you hold, the closing file from your purchase, mortgage and loan papers, any title insurance policy, tax bills, and correspondence with the other claimant. Pull the recorded history from the Clerk of Court’s records in the county where the land sits, since the Official Records are where competing instruments surface. If a title insurer is involved, notify them promptly, because many policies require timely notice of a claim.

Do not sign anything the other side sends you, and avoid conveying, encumbering, or entering a new sale contract on the property until you understand where you stand. If someone is moving, selling, or damaging the asset while the dispute is pending, ask about emergency relief. Our firm regularly seeks temporary and permanent injunctions to hold a property or its proceeds in place while the court sorts out ownership.

Pay attention to the clock, because Florida’s deadlines vary by claim type. An action to recover real property generally requires that the plaintiff or a predecessor held possession within seven years before filing. A claim founded on a written instrument carries a five-year limitations period, while an oral or implied contract claim carries four. A suit to rescind a contract also has a four-year period. Fraud claims run four years from discovery, subject to a 12-year outer cap. A suit for specific performance has only a one-year period, which catches people off guard. If a lawyer or other professional mishandled a closing or title work, a two-year period running from discovery can apply. Which deadline governs your case depends on how the claim is framed, so get an early review rather than assuming you have time.

Cases above the county court dollar limit belong in circuit court, and title and ownership suits generally land there because they ask the court to determine title to land. In Palm Beach County, circuit civil matters are heard at the main courthouse in West Palm Beach. In Broward County, they are heard at the Central Judicial Complex in Fort Lauderdale. Broward also has a complex business division that handles certain large business disputes, which can matter when a property fight is tangled up with a company dissolution.

When a Title Fight Is Really a Business Divorce

A large portion of the title disputes we see are not strangers fighting over a parcel. They are former partners, LLC members, or family co-owners who bought property together and can no longer work together. In those cases the real estate is only one piece. There may also be questions about missing funds, unpaid distributions, breach of an operating agreement, or whether the entity should be dissolved.

Florida law gives LLC members and shareholders real tools here. A court can dissolve an LLC when managers or members are deadlocked and irreparable injury is threatened, when assets are being misappropriated or wasted, or when it is no longer reasonably practicable to operate under the operating agreement. In a corporate dissolution case, the corporation or other shareholders can elect to buy out the petitioning shareholder at fair value, and if the parties agree on terms within 60 days of the first election, the court enters an order directing the purchase. Courts can also appoint a receiver or custodian and issue injunctions to preserve assets during the case. If the entity owns real estate, those rulings decide what happens to the property.

Common Questions About Florida Title Disputes

What is a quiet title action in Florida?

It is a lawsuit asking a court to determine who owns a piece of real property and to remove competing claims from the record. The resulting judgment declares title and clears the cloud so the owner can sell, refinance, or use the property without the competing claim hanging over it.

Where do I file a quiet title lawsuit?

In the circuit court of any county where any part of the land is located. Property in Palm Beach County is handled in the Fifteenth Judicial Circuit, and property in Broward County is handled in the Seventeenth Judicial Circuit.

How far back does the title have to be traced?

Plaintiffs are generally required to trace their title for at least seven years before filing suit, unless the court orders otherwise. That is why document review comes first.

Can someone take my property by living on it?

Possibly, but the requirements are demanding. Adverse possession in Florida requires seven years of continuous possession, and the claimant must follow statutory filing steps, including a return with a full legal description. Claims based on recorded paperwork follow a separate set of rules, and the paperwork must actually be recorded in the county where the land sits.

What is the difference between partition and quiet title?

Quiet title resolves who owns the property. Partition assumes co-ownership is undisputed and resolves what to do about it, either by dividing the land or by selling it and splitting the proceeds.

Can a co-owner force the sale of property I inherited with my family?

A co-owner can file a partition action, but if the property qualifies as heirs property, Florida’s special statute applies and adds protections. The court must follow that statute unless all cotenants agree otherwise, and a division of the land itself is not ordered without commissioner findings about prejudice to the cotenants.

Who decides how a partitioned property gets divided or sold?

The court appoints three commissioners, chosen by the court unless the parties agree. If they report that division would prejudice the owners, the court can order a public sale and distribute the proceeds by ownership share.

What if a relative or former partner recorded a deed they had no right to record?

A suit to cancel the instrument and remove the cloud can be brought as part of a quiet title action. If the deed came from a fraudulent attempted conveyance, Florida law provides a summary procedure and directs the court to move the case up on its calendar. In urgent cases, injunctive relief can stop a sale or further transfer while the case proceeds.

I live in New York or New Jersey. Do I have to come to Florida for every hearing?

No. We regularly represent clients from New York, New Jersey, and Connecticut who own Florida property or share it with Florida co-owners. We handle the local court appearances and keep you informed at each stage.

Is my title dispute a good candidate for mediation instead of trial?

Often, yes. Many ownership and co-ownership disputes settle through negotiated buyouts, agreed sales, or mediated deals that spare everyone the cost and delay of a bench trial. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we pursue whichever path best fits your goals while preparing the case as if it may be tried.

What if the property sits inside an LLC and my partner is the problem?

Then the dispute may involve both title and the entity. Florida law allows judicial dissolution for deadlock, misappropriation of assets, or an unworkable operating arrangement, and courts can appoint a receiver or custodian after a hearing. Whether you pursue a buyout, a sale, or dissolution depends on your operating agreement and the facts.

Serving Title Dispute Clients Across Palm Beach and Broward Counties

Our work begins in Boca Raton and extends through Palm Beach County, including Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach Gardens, Jupiter, Wellington, Royal Palm Beach, and the communities around them. In Broward County we represent property owners and investors in Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, Parkland, Plantation, Davie, Hollywood, Hallandale Beach, Sunrise, and Weston.

Those clients include year-round residents, snowbirds, and absentee owners whose Florida property was inherited, bought as an investment, or held with a former business partner. We also work with families and investors in New York, New Jersey, and Connecticut who need a Florida litigator to handle a dispute over property in Palm Beach County or Broward County, and with attorneys elsewhere who refer us Florida title and co-ownership matters.

Speak With a Florida Real Estate Title Dispute Lawyer Today

If someone is contesting your ownership, a co-owner is pushing to force a sale, or a recorded document is blocking a closing, a Florida real estate title dispute lawyer can tell you quickly what the record supports and which court action fits. The Andrew M. Schwartz Legal Team brings decades of litigation experience to quiet title, partition, and ownership conflicts throughout South Florida.

Call our office to schedule a consultation. We answer the phone, and when we are in court, we return calls within 24 hours.