Lake Worth Beach Partition Action Attorney

You co-own a house, a lot, or a commercial building in Lake Worth Beach, and the other owner will not sell, will not buy you out, or has simply stopped answering. Nobody is forced to stay locked into shared ownership of real estate. The Andrew M. Schwartz Legal Team represents co-owners in partition actions and related real estate disputes across Palm Beach County and Broward County, and our business and real estate litigators handle these cases from the first demand letter through trial.

A Lake Worth Beach partition action attorney works within a specific statutory framework. Florida’s partition statutes give a co-owner the right to ask a court to divide the property or, when division is not practical, to order it sold and split the money. The harder questions are strategic: whether to push for a sale or a buyout, how to deal with a co-owner who has been collecting rent or paying the mortgage alone, and what happens if the property came from a deceased relative.

How Florida Courts Actually Handle a Partition Case

Every partition action in Florida is brought in the circuit court, which sits as a court of equity. For property in Lake Worth Beach, that means the Fifteenth Judicial Circuit in and for Palm Beach County. A case involving property in neighboring Broward County would be heard in the Seventeenth Judicial Circuit. A partition suit can also be filed in federal court in limited situations where the parties and the dispute qualify, but state circuit court is where nearly all of these cases belong.

The complaint has to be specific. Florida law requires it to describe the land, identify each owner and where each lives, and state what share each person holds. Getting the ownership percentages wrong at the outset can distort everything that follows, which is why we examine the deed history before anything is filed.

Once the court rules that partition is appropriate, it appoints three commissioners, unless the parties agree on who should serve. The commissioners study the property and report on whether it can be physically divided without harming the owners. A single-family house on a standard lot usually cannot. When the commissioners say division would prejudice the owners and the judge agrees, the court may order a sale at public auction and divide the proceeds according to each owner’s interest. The court can allow a sale on credit for good cause, but at least one-third of the purchase price must be paid down unless every party consents to different terms.

The takeaway for a co-owner: a partition judgment usually ends with the property sold or one owner buying out the others, and the court-supervised route is slower and less controllable than a negotiated one. Most of the leverage in these cases is created before the judge ever appoints commissioners.

Why Choose the Andrew M. Schwartz Legal Team for Partition and Co-Ownership Disputes

The Andrew M. Schwartz Legal Team is a business litigation and real estate firm serving Lake Worth Beach, Boca Raton, West Palm Beach, Fort Lauderdale, and the rest of Palm Beach and Broward Counties. Our clients are business owners, investors, and families, including former business partners, siblings who inherited property together, unmarried couples, and investors who want out of a shared deal. We also represent clients from New York, New Jersey, and Connecticut who own South Florida property with someone local, and we handle the Florida court appearances so they do not have to travel for every hearing.

Andrew M. Schwartz, the firm’s Founder, has spent 37 years in litigation and was 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. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in both state and federal courts.

The firm’s results include a recent final judgment from the Broward County Circuit Court after a five-day bench trial, a 32-page ruling that awarded our client specific performance of a commercial real estate contract. That kind of trial work matters in partition cases because the disputes behind them, such as contribution claims, accounting issues, and competing ownership theories, are often fought over documents and testimony.

We practice as a true legal team, so everyone working on your file knows it. We keep a strict 24 hour return call policy, and we will tell you plainly when a negotiated exit makes more sense than a courtroom fight. Our attorneys are experienced in mediation and arbitration as well as litigation, and many partition disputes settle once the other side understands the realistic outcome.

Situations That Lead to Partition and Co-Ownership Disputes

• Former Business Partners Holding Real Estate: When a company or partnership dissolves, the property it bought together often remains in both names. Partition, a buyout, or a negotiated sale can be part of the larger business divorce.
• Inherited Property Among Siblings or Relatives: Heirs who take title together as tenants in common often disagree about keeping, renting, or selling. Florida’s Uniform Partition of Heirs Property Act applies to certain family-held property and changes how the case is run.
• Unmarried Couples With Joint Title: Partners who bought a home together and then separated have no divorce court to divide the property. Partition is often the path to resolve it.
• Investor Co-Ownership Gone Wrong: Rental properties and commercial buildings held by several investors can deadlock when one wants to sell and another does not, or when one owner stops paying their share of carrying costs.
• One Owner Living In or Profiting From the Property: A co-owner who occupies the property, collects rents, or pays the taxes and mortgage alone may face or assert claims for credit and adjustment when the property is sold.
• Competing Ownership Claims and Cloudy Title: If another party claims an interest, a quiet title action may need to run alongside or before partition so the court knows who the owners are. Florida law requires the plaintiff in a quiet title case to trace title back at least seven years unless the court orders otherwise.
• Missing or Unresponsive Co-Owners: Property sometimes sits in the names of owners who have moved away, died, or cannot be found. Partition can still proceed, but service and heirship questions need careful handling.

What to Do Right Now If You Co-Own Property You Cannot Agree On

Start by getting the facts on paper. Pull the deed, the closing documents, any written co-ownership or operating agreement, and records showing who has paid the mortgage, property taxes, insurance, and repairs. Those payment records often determine how sale proceeds are adjusted between owners, so keep them organized and do not rely on memory.

Next, read the deed carefully. How title is held, and in what shares, controls the case. If the property is owned through an LLC or partnership, the entity’s operating or partnership agreement may contain buyout or exit terms that matter more than the partition statute.

Be careful about what you do on the property. Changing locks, evicting a co-owner, or renting the property without agreement can create claims against you. If a co-owner is spending or diverting rental income, or threatening to transfer their interest to someone else, an injunction may be needed to freeze the situation while the case is pending. Our firm handles temporary and emergency injunctions, and that kind of request cannot wait.

Consider a written buyout proposal before filing. A reasonable offer, backed by an appraisal, can end the matter faster than commissioners and an auction. It also shows the court you tried to resolve things sensibly.

When filing is the right move, the partition case for Lake Worth Beach property is filed in Palm Beach County circuit court, handled through the Fifteenth Judicial Circuit’s civil division in West Palm Beach. Because property here can involve several owners in different states, service of process and out of state parties add time, which is another reason not to wait once talks stall.

Partition, Sale, or Buyout: Choosing the Exit That Fits Your Goals

Partition in kind, meaning a physical division of land, works for a large parcel that can be split into usable lots. It rarely works for a house, a condominium, or a small commercial building. Partition by sale is more common, and the sale is usually conducted by public auction, which can produce a lower price than a negotiated market sale.

That is why many owners choose a different route. One owner buys out the other at an appraised value, both sell on the open market under a settlement agreement, or the court is asked to supervise a sale with agreed terms. Each route has tradeoffs in speed, price, and cost, and the right answer depends on how much each side wants the property and how well the owners can still communicate.

If the property is tied to a business that has fallen apart, the real estate issue and the ownership dispute may need to be resolved together. Florida’s LLC and corporation statutes give courts tools such as dissolution, buyout elections, and receivers or custodians when owners are deadlocked or assets are being misused. A partition action may be one piece of a larger plan to separate the owners cleanly.

Timing also matters on the legal side. A claim to recover real property is subject to a seven year possession requirement under Florida law, and adverse possession claims have their own seven year framework with strict requirements. If a co-owner has been acting as if the property were solely theirs for a long stretch, raise it early, because the passage of time can change what claims are available.

Partition Action Questions Lake Worth Beach Owners Ask

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

Generally yes. Florida law lets a co-owner ask the court for partition even over the objection of the others, subject to the specific rules that apply to the type of ownership and, in some family situations, the heirs property statute. The court decides whether the property can be divided or must be sold.

How long does a partition case take?

It depends on whether the case is contested, how many owners are involved, and whether title issues need to be resolved first. An uncontested case moves much faster than one with disputed ownership shares or missing parties. Many cases settle before the commissioner stage.

What does the court do with the sale proceeds?

The proceeds are divided among the owners in proportion to their interests, after costs and any adjustments the court allows. Those adjustments can include credit for one owner who paid more than a fair share of taxes, insurance, or the mortgage.

Do I have to pay my co-owner rent if I live in the property?

Not automatically. A co-owner is generally entitled to use the whole property, but claims can arise if you exclude the other owner or collect rent from third parties. The facts matter, and this is a common point of dispute.

What is heirs property and why does it matter?

Heirs property is real property held as tenants in common where there is no binding agreement governing partition, at least one owner acquired title from a relative, and certain other conditions are met, such as relatives holding twenty percent or more of the interests. If the court finds property qualifies, the Uniform Partition of Heirs Property Act governs the case, which adds protections before a forced sale.

Can my co-owner be forced to buy me out instead?

A court cannot simply order a buyout in an ordinary partition, but the process often leads there. Under the heirs property rules, cotenants may have the opportunity to buy out the interest of a party seeking partition. In a negotiated setting, a buyout at appraised value is a common outcome.

What if my co-owner lives out of state or cannot be found?

Partition can still proceed, but the complaint must identify owners and where they live, and proper service is essential. Locating and serving absent owners, and dealing with heirs of a deceased owner, can add time.

Is a partition case different if the owners are in a business together?

Often it is. If the property is held by an LLC or partnership, the entity’s governing documents and Florida’s business entity statutes control. Judicial dissolution, a purchase of one owner’s interest, or a court-appointed receiver may be available alongside or instead of partition.

Is it worth hiring a lawyer if my co-owner and I mostly agree?

Often yes, because a short consultation can prevent an expensive mistake. Even a cooperative sale benefits from a properly drafted agreement that addresses who pays what, how proceeds are divided, and what happens if someone backs out.

What happens if my co-owner is taking rent or money from the property?

You may have claims for an accounting and recovery of your share, and in urgent cases a court can order injunctive relief to stop money or assets from being moved while the case is pending. Gather rent rolls, bank records, and lease documents as early as possible.

Do I need to be in Florida for the case?

No. We regularly represent clients from New York, New Jersey, and Connecticut who own South Florida property. We handle local court appearances and keep you informed at each stage, so travel is rarely required.

Serving Co-Owners From Lake Worth Beach Across South Florida

We represent co-owners in Lake Worth Beach and the surrounding Palm Beach County communities, including Lake Worth, Lantana, Palm Springs, Greenacres, Atlantis, Boynton Beach, Boca Raton, Delray Beach, Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, and Jupiter. For property held in neighboring Broward County, our team also serves clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Hollywood, and Plantation.

Whether the property is a single-family home, a duplex, a vacant lot, or a commercial building, the same questions apply: who owns it, in what shares, and what exit makes sense. We also represent out of state owners and referring attorneys whose clients have South Florida real estate disputes.

Speak With a Lake Worth Beach Partition Attorney About Your Co-Owned Property

If you are stuck in a co-ownership you do not want, a conversation with a Lake Worth Beach partition attorney can clarify your options before positions harden. Call the Andrew M. Schwartz Legal Team to talk through the property, the other owners, and whether a buyout, a negotiated sale, or a court-ordered partition is the better path. We will give you a straight assessment and a plan that fits your goals and budget.