Margate Partition Action Attorney

Margate sits in Broward County, which means a partition lawsuit over a Margate condo, duplex, or inherited home is filed in the circuit court that sits in and for Broward County, and Florida treats every partition case as an equity matter decided by a judge, not a jury. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners in Margate, throughout Broward County, and across neighboring Palm Beach County, including cases where a shared property needs to be divided, sold, or cleanly separated from one owner’s title.

If you are searching for a Margate partition action attorney, you are probably co-owning property with someone you can no longer work with: a former business partner, a sibling who inherited the house with you, an ex, or an investor who wants out. Florida law gives each co-owner the right to ask a court to end the shared ownership. The harder questions are how the property gets divided, who pays for what in the meantime, and what a forced sale would actually net you.

How Florida Partition Cases Are Decided

Partition is governed by Chapter 64 of the Florida Statutes, and every partition action is brought in chancery. The complaint has to describe the land, name each owner and where they live, and state what share each one holds. That last point matters more than people expect. Disputes about who owns what percentage, or whether someone’s name is on title at all, often have to be sorted out before the court can divide anything.

Once the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them. The commissioners look at whether the land can be physically divided without prejudicing the owners. For a single-family home or a condo unit, it almost never can be, which is why most Margate partition cases end in a sale. When the commissioners report that division is not workable and the court agrees, the property can be sold at public auction to the highest bidder, with proceeds split in proportion to each owner’s interest. The court can allow a sale on reasonable credit for good cause, but at least one-third of the purchase money must be paid at the outset unless every party consents to something different.

Auction sales rarely bring the price a negotiated sale would. That is the practical reason many partition cases settle: one owner buys out the other, or the owners agree to list the property on the open market and divide the proceeds. A partition lawsuit is often the pressure that makes those conversations possible.

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

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes, with partition actions and title disputes as a core part of the practice. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. 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 state and federal courts. The firm works as a true legal team, so everyone on your matter knows the file, and a strict 24 hour return call policy applies when an attorney is in court.

That background fits partition work because these cases rarely involve real estate alone. Co-owned property often comes out of a failed business relationship, a family inheritance, or a shared investment, and the firm’s practice in business divorce, partner and member disputes, and family business conflicts means we understand the relationships behind the title. The firm also has trial results in real estate disputes: after a 5-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits your goals and budget rather than prolonging a case.

Many of our clients live outside Florida, including in New York, New Jersey, and Connecticut, and own a share of property here. We handle the local court appearances so you do not have to travel for every hearing. We also work with referrals from other attorneys whose clients have Florida property disputes.

Situations That Lead to Partition and Title Disputes

• Former Business Partners Holding Real Estate: Partners who bought a building, lot, or rental through the company or personally often find the property is the last thing tying them together after the business ends. Whether the asset belongs to the entity or to the individuals determines whether partition is even the right remedy.
• Siblings and Heirs Sharing an Inherited Home: When a parent’s Margate property passes to several children, one may want to live in it, one may want to sell, and one may have stopped paying taxes. Florida’s Uniform Partition of Heirs Property Act, found in Part II of Chapter 64, can change how these cases proceed, including when a court may order partition in kind rather than a sale.
• Unmarried Couples: Couples who bought together without marrying have no divorce court to divide the home. Partition is often the only route, and the outcome depends on title, contributions, and any agreement between them.
• Investors Who Want Out: A co-investor in a duplex, small commercial building, or rental unit may be stuck with partners who will not sell. Partition lets an owner exit without needing everyone’s permission.
• Quiet Title Actions: When competing claims cloud ownership, or someone needs to be removed from title, a quiet title action asks the court to determine who owns the land and clear the cloud. A plaintiff generally has to trace title back at least seven years unless the court orders otherwise.
• Disputes Over Money Connected to the Property: Unpaid taxes, mortgage payments, repairs, and rent collected by one owner all affect what each co-owner ends up with. Courts can account for these when dividing proceeds.
• Entity-Owned Property: If an LLC or corporation holds the real estate, the dispute may belong in an LLC or corporate dissolution case instead, where Florida law lets a court dissolve the company for grounds such as deadlock with irreparable injury or misappropriation of assets.

What to Do If You Co-Own Margate Property and the Relationship Has Broken Down

Start by pulling together the paper trail: the deed, the closing documents, any mortgage statements, tax bills, insurance, and records of who has paid for repairs and improvements. Those documents set out who holds title and in what shares, and they are the backbone of any accounting between owners. If there is an operating agreement, partnership agreement, or a written understanding about the property, gather that too, because it can change whether partition is available and how it plays out.

Before filing anything, find out what the property is actually worth and what is owed on it. Mortgage balances, liens, and unpaid taxes come out of a sale before proceeds are divided, so the number you hope to receive is not the number you will receive. Avoid the common mistakes: changing the locks, cutting off a co-owner’s access without a court order, stopping payments on the mortgage out of anger, or signing something a co-owner puts in front of you without having it reviewed. Each of those can create new claims against you.

Partition and quiet title cases involving Margate property are filed in the circuit court for Broward County, and a quiet title complaint may be filed in any county where part of the land sits. Broward’s circuit civil division is in Fort Lauderdale, and the Seventeenth Judicial Circuit also maintains a complex business division that handles certain larger business disputes. If you hold property in Palm Beach County as well, those matters proceed in the Fifteenth Judicial Circuit in West Palm Beach. Where a co-owner is draining the property or moving assets while the case is pending, the firm can seek temporary or emergency injunctive relief to preserve things as they are.

Talk to a Margate partition lawyer early. Owners who come in before the dispute hardens often have more options, including negotiated buyouts and mediation, than those who arrive after months of unpaid bills and no communication.

Frequently Asked Questions About Partition in Margate

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

Yes. A co-owner generally has the right to ask the court to end the shared ownership, either by dividing the property or, when division is not practical, by ordering a sale and splitting the proceeds. The other owners cannot simply veto it, though the court looks closely at the facts, and special rules apply to heirs property.

Does partition mean the property has to be sold?

No. Courts can divide land physically where that is workable, but for a single house or condo unit it usually is not. Many cases end with one owner buying out the others or the owners agreeing to a private sale before any auction.

How are sale proceeds divided?

In proportion to each owner’s interest, after liens, taxes, the costs of the sale, and any adjustments the court makes for things like one owner paying more than a fair share of the mortgage or upkeep.

What is heirs property, and why does it matter?

Heirs property is real estate held as tenants in common where there is no binding agreement among the cotenants about partition, at least one cotenant acquired title from a relative, and further statutory conditions are met, such as relatives holding twenty percent or more of the interests. If a court finds the property qualifies, Part II of Chapter 64 governs the case, and it adds protections including a stronger preference for partition in kind over a forced sale.

What happens if my co-owner lives in the property and will not leave?

That depends on the facts. A co-owner generally has a right to occupy, so removing one is not automatic. The occupant may owe the others for their share of the rental value in some circumstances, and those claims are typically sorted out in the partition case itself.

What if the property is held by an LLC instead of by us personally?

Then partition may not be the right tool. A member generally cannot partition property the company owns. The remedy may be a claim against the other members or a judicial dissolution, which Florida allows on grounds such as managers or members being deadlocked with irreparable injury threatened, or assets being misappropriated or wasted.

Can I stop a partition case by buying out the other owner?

You can try at any point, and it is often the best outcome. A buyout depends on agreeing on a value, which sometimes requires an appraisal. Making a fair, documented offer early can also help you later if the court has to decide who acted reasonably.

How long does a partition action usually take?

It depends on whether the owners dispute title, shares, or the right to partition at all, and on whether the case settles. An uncontested case moves much faster than one that requires a title trial, a commissioners’ process, and a sale. We would rather give you an estimate after reviewing your documents than quote a number that may not fit your case.

I live in New York or New Jersey. Do I have to come to Florida for the case?

Not for routine proceedings. We handle the local court appearances and keep you informed at each stage, and many of our clients are out-of-state owners with a share of South Florida property.

Is a partition action different from a quiet title action?

Yes. Partition ends co-ownership by dividing or selling the property. Quiet title decides who owns the land when claims conflict, and it can cancel a conveyance or other document that clouds title. Some cases need both, with title resolved first and partition following.

What if a former partner has been collecting rent or paying nothing on the property?

Those facts can support a claim for an accounting between co-owners and, depending on the relationship, claims for breach of fiduciary duty or recovery of funds. We raise them alongside the partition request so they are resolved before proceeds are divided.

Do partition cases have to be tried in court?

No. Many resolve through negotiation or mediation. Our attorneys are experienced in mediation and arbitration as well as litigation, and we pursue the route most likely to meet your goals efficiently.

Serving Partition Clients From Margate Across South Florida

We represent co-owners in Margate and in the neighboring Broward communities of Coconut Creek, Coral Springs, Tamarac, Pompano Beach, Deerfield Beach, Lauderhill, Sunrise, Plantation, and Fort Lauderdale. Our work reaches throughout Broward County and into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, Lake Worth, and West Palm Beach. We also serve clients from New York, New Jersey, and Connecticut who hold business or real estate interests in these areas and need local representation for a shared property.

Speak With a Margate Partition Attorney Before the Dispute Costs You More

A shared property that has become a source of conflict does not have to stay that way. The Andrew M. Schwartz Legal Team can review your deed, your agreements, and your co-owner’s position, then tell you whether partition, a buyout, a quiet title action, or a negotiated sale makes the most sense. Call to schedule a consultation with a Margate partition attorney from our team and get a clear view of where you stand.