Lighthouse Point Partition Action Attorney

Co-owning a house, a duplex, or an investment parcel near the Intracoastal sounds simple until one owner wants out and the other will not sell, buy, or even return calls. For many Lighthouse Point owners, a Lighthouse Point partition action attorney becomes necessary when informal negotiation has stalled and one co-owner needs a court to resolve what the others will not. The Andrew M. Schwartz Legal Team handles partition actions, title disputes, and related business and real estate litigation for owners in Lighthouse Point and throughout Broward County and Palm Beach County.

Partition is a creature of Florida’s Chapter 64, and every partition case is heard in the circuit court’s equity side. The court can divide land physically, which rarely works for a single-family lot on a canal street, or it can order a sale and split the money according to each owner’s share. The practical fight is almost never about whether partition is available. It is about the terms: who gets credit for the mortgage payments, taxes, insurance, and repairs one owner carried alone, who gets to stay in the house while the case runs, how the property is valued, and whether anyone has the right to buy the others out first.

What a Partition Case Looks Like When a Lawyer Actually Builds It

A partition complaint is more than a request to sell. Florida requires the pleading to describe the land, identify every owner and where each lives, and state the share each one holds, along with whatever else the court needs to decide the parties’ rights. Getting that last piece right is where experienced counsel earns the fee. Before filing, our attorneys pull the recorded deeds and trace how title came to be held, because an unrecorded interest, a lender, a lien holder, or an heir nobody mentioned can derail the case months in.

Once the court enters a judgment of partition, it appoints three commissioners, unless the parties agree on who they should be. The commissioners report whether the property can be divided without prejudice to the owners. If they say it cannot, and the court agrees, the property can be ordered sold at public auction to the highest bidder, with the proceeds divided in proportion to ownership. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless every party consents to different terms. Knowing those mechanics lets us press for the outcome our client actually wants, whether that is a buyout at a negotiated price, an orderly private sale that beats an auction, or a court-supervised sale when the other side will not move.

We also use the other tools around partition. When a co-owner is stripping rents, letting insurance lapse, or threatening to encumber the property, we seek emergency injunctive relief while the case is pending. When co-owners also share an LLC that holds the real estate, we evaluate whether the better path is partition, judicial dissolution, or a buyout under the operating agreement.

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

The Andrew M. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate experience in both state and federal courts.

Partition cases sit at the intersection of real estate and ownership conflict, which is exactly where this firm works. We represent former business partners, siblings who inherited property together, unmarried couples, and investors who want out of a shared investment. Many clients also live out of state, including New York, New Jersey, and Connecticut, and we handle the local court appearances so they do not have to travel for every hearing.

The firm practices as a true legal team, meaning everyone working on a file knows it and can answer when you call. We keep a strict 24 hour return call policy. In November 2024, the firm reported a final judgment after a five-day bench trial in Broward County Circuit Court granting specific performance of a commercial real estate contract for its client, a 32-page ruling that reflects the kind of detailed, trial-ready preparation we bring to property disputes. We are also experienced in mediation and arbitration, and we look for the resolution that fits your goals and budget rather than prolonging a case for its own sake.

Situations That Lead Lighthouse Point Owners to Court

• Former Business Partners Holding Real Estate: Partners who bought a building or lot through an entity or as tenants in common often stop agreeing after the business relationship ends. Partition may run alongside claims for an accounting or breach of fiduciary duty.
• Inherited Homes and Heirs Property: When siblings or other relatives inherit a house together, Florida’s Uniform Partition of Heirs Property Act can apply. It changes the usual rules, including giving cotenants a chance to buy out a seller and requiring the court to consider whether dividing the land in kind is feasible before ordering a sale.
• Unmarried Couples With Shared Title: Partners who bought a home together without marrying have no divorce court to sort out the property. Partition is often the only route when one owner will not cooperate, and contribution claims for mortgage and carrying costs become central.
• Investor Co-Ownership Breakdowns: Co-investors in rental or development property sometimes disagree about holding versus selling. A court-ordered sale or negotiated buyout can unlock capital that a deadlocked group cannot.
• One Owner Locked Out or Squeezed Out: A co-owner who occupies the property, collects rent, or refuses to account to the others creates claims beyond partition, including accountings and emergency relief to preserve the asset.
• Title Clouds and Competing Ownership Claims: Partition cannot proceed cleanly when ownership is disputed. Quiet title actions let the court determine title and remove clouds, and the plaintiff must deraign title for at least seven years unless the court orders otherwise.
• Entity-Owned Property in Dissolution: When an LLC or corporation holds the real estate and the owners are deadlocked or assets are being misused, judicial dissolution may be the better vehicle than partition. Remedies can include a receiver, a custodian, or a court-ordered buyout.

What to Do Before and After a Co-Owner Stops Cooperating

Start by gathering the documents that define who owns what: the recorded deed, the closing statement, any trust or LLC paperwork, the mortgage, and anything signed between owners about use, sale, or expenses. Then build a running record of who has paid the mortgage, property taxes, insurance, association dues, and repairs, with bank records to back it up. In a partition case, the court can account for those contributions, and the owner with the better paper trail has the stronger hand.

Resist the urge to change locks, withhold access, or take unilateral steps like listing the property. Those moves create counterclaims. If a co-owner is collecting rent without sharing it, encumbering the property, or letting it deteriorate, document it and talk to counsel quickly, because early injunctive relief is far easier to obtain before assets have moved.

Partition and equitable claims are filed in circuit court. For a Lighthouse Point property, which lies in Broward County, that means the Seventeenth Judicial Circuit, and the Broward Clerk’s civil divisions handle the filing. Broward also has a complex business division for certain larger business disputes, which may be relevant when partition is entangled with entity or partnership litigation. Where the co-owners live in Palm Beach County or the dispute involves Palm Beach property, the Fifteenth Judicial Circuit applies, and a quiet title complaint can be filed in any county where part of the land sits. When federal jurisdiction is genuinely available, the Southern District of Florida sits in Fort Lauderdale and West Palm Beach.

Mind the deadlines that attach to related claims. A claim on a written agreement generally carries a five-year limitations period, while oral or implied contract claims carry four years. Fraud claims run four years from discovery, with an outer cap of twelve. Specific performance has a one-year period. Because a partition dispute often travels with these claims, delay can quietly cost you part of your case.

Frequently Asked Questions About Partition Actions

Can one co-owner force the sale of a property in Florida?

Generally, yes. A co-owner can ask the circuit court for partition, and if the property cannot be fairly divided, the court can order it sold and the proceeds distributed by ownership share. An agreement among the owners restricting partition can change the analysis, so we review the deed and any co-ownership documents first.

Do the other owners have to agree to partition?

No. The point of the action is to resolve a stalemate when owners cannot agree. All owners must be named and notified, but a court can order partition over objection.

What is the difference between partition in kind and partition by sale?

Partition in kind physically divides the land among owners. Partition by sale converts the property to cash. For a typical single-family home or condo, physical division is impractical, so sale is the usual outcome unless the owners agree to a buyout.

Who decides whether property can be divided?

After a judgment of partition, the court appoints three commissioners, unless the parties agree on who they should be. They report whether division is possible without prejudice to the owners, and the court decides what follows.

Can the property be sold at auction, and do I get fair value?

The court may order a public sale to the highest bidder. That is why many owners prefer to negotiate a buyout or private sale before the commissioners finish. A forced sale can produce less than a marketed sale, so strategy before that stage matters.

What if the property was inherited from a family member?

Inherited property held among relatives may qualify as heirs property under Florida’s Uniform Partition of Heirs Property Act, which applies to partition actions filed on or after July 1, 2020. The statute defines heirs property by the way title is held and how it was acquired. One condition is that twenty percent or more of the interests are held by cotenants who are relatives. When it applies, the court must follow the Act’s procedures rather than the general rules.

Can I get reimbursed for paying the mortgage and taxes alone?

Often you can claim credit for carrying costs paid on behalf of the co-owners, and the court can adjust the distribution of proceeds accordingly. The strength of that claim depends on documentation and on who occupied or profited from the property.

What if my co-owner lives in the property and refuses to leave or pay rent?

Occupancy by one owner can give rise to claims by the others, depending on the circumstances. We evaluate whether to seek an accounting, contribution, or interim relief while the partition case is pending.

Is partition the right tool if the property is owned by an LLC?

Often not. If an LLC owns the property, the members generally do not own the real estate directly. Florida’s LLC statute allows a court to dissolve the company on grounds including deadlock with irreparable injury, misappropriation or waste of assets, or when it is not reasonably practicable to carry on the business under the operating agreement. A court may also appoint a receiver or custodian or order a purchase of a petitioning member’s interest. Some operating agreements include deadlock sale provisions that can take precedence if initiated before the court finds deadlock grounds.

I live in New York or New Jersey. Can I pursue partition of Florida property without moving here?

Yes. We regularly represent out of state owners of South Florida property, handle the local filings and hearings, and keep you informed at each stage, including by scheduled conference calls.

How long does a partition case take in Broward County?

It depends on whether the case is contested, whether title issues must be resolved first, and how crowded the court’s docket is. Uncontested or cooperative matters can resolve through negotiation or mediation far faster than a fully litigated case that ends in commissioners, a report, and a court-ordered sale.

Can partition be avoided altogether?

Often. Many disputes end in a negotiated buyout, a sale on agreed terms, or a mediated settlement. Filing a well-prepared action frequently motivates a stalled co-owner to engage.

Serving Lighthouse Point Partition Clients and Neighboring Communities

We represent co-owners in Lighthouse Point and across Broward County, including Pompano Beach, Deerfield Beach, Hillsboro Beach, Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Sunrise, Plantation, Davie, Fort Lauderdale, Oakland Park, Wilton Manors, Hollywood, and Hallandale Beach. Our work extends north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, West Palm Beach, Palm Beach Gardens, Jupiter, and Wellington. Whether the property sits on a waterfront lot near the Intracoastal, in an inland neighborhood, or in a commercial corridor, we handle partition, quiet title, and related real estate and business claims for owners from the tri-state area and across South Florida.

Speak With a Lighthouse Point Partition Action Lawyer Today

If a co-owner will not sell, buy you out, or account for the money, a Lighthouse Point partition action lawyer can lay out what a court can realistically do and how to get there efficiently. The Andrew M. Schwartz Legal Team offers prompt, practical guidance on partition, title disputes, and emergency relief for owners across Broward and Palm Beach Counties. Call our Boca Raton business litigation attorneys today to discuss your property and the options in front of you.