South Florida Real Estate Title Dispute Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, heirs, and former business partners in real estate title disputes across Palm Beach County, Broward County, and the rest of South Florida. A South Florida real estate title dispute attorney is usually retained after a problem has already surfaced: a deed nobody can explain, a co-owner who has stopped paying or stopped communicating, a recorded claim that blocks a sale, or a closing that falls apart because the title will not clear.

Title disputes differ from ordinary contract fights in one important way. The question is not simply who owes whom, but who owns the land at all. A buyer cannot close, a lender will not fund, and an owner cannot sell or refinance while competing claims sit in the public record. The remedies are also specific to property: quiet title, partition, cancellation of a recorded instrument, and, when something is about to be conveyed or encumbered, an injunction to hold the status quo.

Those distinctions matter because people often confuse them. A partition asks the court to end co-ownership. A quiet title action asks the court to declare who holds title and to clear competing claims. A contract suit over a failed closing asks for damages or performance. Choosing the wrong vehicle can cost months, and in some cases a deadline.

Quiet Title, Partition, or Something Else: Matching the Remedy to the Problem

Florida gives circuit courts authority over actions in which someone claims legal or equitable title to land, including cases where two or more people claim the same parcel through a common source. A quiet title complaint can also be used to cancel a deed or other recorded document held by someone who is not the rightful owner, removing the cloud it casts. Such a complaint may be filed in any county where some part of the land lies, which matters for parcels that straddle a county line. Plaintiffs are generally expected to trace title back at least seven years before filing unless the court orders otherwise, so the work begins with a careful title examination, not a pleading.

Where a claim rests on a fraudulent attempted conveyance, Florida allows the action to proceed under chapter 65 with summary procedure, and the court is directed to move the case forward on its calendar. That speed can be useful when a forged or fraudulent deed threatens a pending sale.

Partition is a different animal. It belongs to a co-owner who wants out of shared ownership and cannot negotiate an exit. The complaint must describe the land, identify the owners and where they live, state what each holds, and include whatever else the court needs to resolve everyone’s rights. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. When the commissioners conclude the land cannot be divided without prejudice to the owners, the court may order a public sale to the highest bidder and divide the proceeds by ownership share. 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 otherwise.

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

The Andrew M. Founder Andrew M. Schwartz was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989, and has spent 37 years in litigation. His practice has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which is exactly where many title disputes originate.

Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. The firm works as a true legal team, so everyone assigned to a matter knows the file, and it keeps a strict 24 hour return call policy when attorneys are in court. For out of state owners, the firm handles local court appearances so they are not required to travel for every hearing. A significant share of its caseload also comes from other attorneys, including out of state lawyers whose clients have Florida property problems.

Real estate results are part of the record. After a 5-day bench trial in Broward County Circuit Court, the firm obtained a 32-page final judgment granting its client specific performance of a commercial real estate contract. That outcome reflects the kind of detailed, document-driven preparation title cases demand, though no attorney can promise a particular result in any matter. The firm also handles mediation and arbitration, and it looks for the resolution that fits the client’s goals and budget instead of prolonging a case for its own sake.

Common Title and Co-Ownership Disputes We Handle

• Quiet Title Actions: Used to establish who holds ownership and to eliminate competing or stale claims, including recorded instruments held by people with no real right to the property.
• Partition Between Former Business Partners: When a company or joint venture ends and the real estate it owned is still held jointly, one owner can ask the court to divide the land or order it sold and the proceeds shared.
• Inherited Property Among Siblings and Relatives: Florida’s Uniform Partition of Heirs Property Act applies to certain tenancy-in-common property acquired from relatives, and it changes how a court approaches the case, favoring protections that make a forced sale less automatic.
• Unmarried Co-Owners: Couples who bought together and separated often hold title as co-owners with no agreement governing a split, which leaves partition as the practical route.
• Fraudulent or Defective Deeds: Forged signatures, improperly executed transfers, or conveyances made to defeat a creditor or co-owner can be attacked through cancellation and quiet title.
• Adverse Possession Claims: Florida generally requires seven years of continuous possession, and a claimant without color of title must satisfy additional statutory requirements, including a return filed with the property appraiser that contains a full legal description.
• Failed Closings and Purchase Contract Disputes: A seller or buyer who walks away from a signed contract may face an action for specific performance or damages, and title defects are often the stated reason for the dispute.
• Landlord and Tenant Possession Disputes: Notice requirements, such as the three-day written demand for unpaid rent and the seven-day period tied to termination notices, drive these cases and can turn on small procedural details.

What to Do When a Title Problem Surfaces

Start with the record. Pull the deed history, the recorded mortgages, any liens, and every instrument recorded against the parcel. In Palm Beach County, recorded documents are maintained through the Clerk, and in Broward County through the Broward Clerk. Gather the closing file, title insurance policy, surveys, correspondence with co-owners, and anything showing who has paid taxes, insurance, and upkeep. Those payment records often matter more than people expect in partition and contribution disputes.

Next, identify the deadline that governs your claim, because they differ sharply by theory. Florida’s limitations period for actions founded on a written instrument is five years. Oral or implied contract claims carry four years, and so do actions to rescind a contract. Fraud claims run four years from discovery, capped at 12 years. A specific performance action must be brought within one year, which catches many buyers off guard after a failed closing. A claim to recover real property generally fails unless the claimant or a predecessor held possession within seven years before suit. Because several of these periods can apply to a single dispute, an early review of the facts is worth far more than waiting to see if the other side relents.

Avoid the common mistakes. Do not record your own competing instrument without advice, since a poorly drafted filing can create a new cloud. Do not stop paying taxes or insurance on a shared property out of frustration, because that can hurt your position and expose the asset. Do not sign a quitclaim deed or buyout paper without having the valuation and tax consequences reviewed. If a sale, refinancing, or transfer is imminent and you believe it is improper, tell counsel immediately, because an injunction can freeze the situation while the court decides the underlying question.

On the court side, these cases are filed in circuit court. In Palm Beach County that is the Fifteenth Judicial Circuit, and in Broward County the Seventeenth. Broward also operates a complex business division that handles certain large business disputes, and a case may be filed directly into it under the circuit’s administrative order. When a dispute has a federal hook or involves parties from different states, the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach among other cities, may become relevant.

When the Dispute Involves a Business Entity

Many title fights are really business disputes in disguise. A company holds the property, its owners fall out, and no one can sell or manage it. In that setting, the entity’s governing documents and Florida’s entity statutes matter alongside the property law.

For an LLC, a member or manager can seek judicial dissolution on grounds that include unlawful conduct of the company’s affairs, the impracticability of carrying on activities under the articles and operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets that injures the company, or a management deadlock that cannot be broken and threatens irreparable injury. In such a proceeding, the court may appoint a receiver or custodian after notice and a hearing, or order a purchase of the petitioning member’s interest. If the operating agreement contains a deadlock sale provision that has been properly initiated, that mechanism can take the place of a dissolution order.

For a corporation, a shareholder may seek dissolution on specified grounds, including abandonment of the business without liquidating within a reasonable time. The corporation or other shareholders can elect to buy out the petitioner at fair value, and if the parties agree on value and terms within 60 days after the first election, the court enters an order directing that purchase. The court can also issue injunctions and appoint a receiver to preserve assets while the case is pending. Our firm’s practice in partnership disputes and corporate dissolution means these entity-level and property-level questions can be handled in one coordinated strategy rather than split between lawyers.

Questions About South Florida Title Disputes

What is the difference between a quiet title action and a partition action?

Quiet title decides who owns property and clears competing claims or clouds from the record. Partition assumes the co-owners are legitimate owners and asks the court to end their shared ownership by dividing the land or selling it. A single case can sometimes involve both questions.

Can one co-owner force a sale of Florida real estate?

Generally, yes. A co-owner can seek partition in circuit court, and if the property cannot be fairly divided, the court may order a public sale and split the proceeds by ownership share. Special rules under the Uniform Partition of Heirs Property Act can apply when relatives inherited the property.

What is heirs property and why does it matter?

It is property held as a tenancy in common where no binding agreement governs partition, at least one cotenant took title from a relative, and certain additional conditions are met, such as relatives holding twenty percent or more of the interests. If a court finds property qualifies, it must be partitioned under the heirs property procedures unless all cotenants agree otherwise, and partition in kind requires specific findings by the commissioners.

How long do I have to bring a title or contract claim?

It depends on the theory. Written-instrument claims have five years, oral or implied contract claims four, rescission four, fraud four from discovery with a 12-year cap, and specific performance only one year. Recovering possession of land turns on whether you or a predecessor held possession within seven years.

Can someone take my property through adverse possession?

It is possible but demanding. The claimant must show continuous possession for seven years under a claim of title that excludes others. Without color of title, the statute adds requirements, including a filing with the property appraiser containing a full legal description. With color of title, the instrument must have been recorded in the county where the land lies.

Can a forged or fraudulent deed be undone?

Yes. A court can cancel a conveyance or other recorded evidence of title held by someone who is not the rightful owner, and a quiet title action based on a fraudulent conveyance can proceed with summary procedure and an advanced calendar position.

My co-owner is draining the property or taking rents. What can I do?

Depending on the facts, you may have claims for an accounting and contribution, and you can seek emergency injunctive relief to prevent a sale, encumbrance, or dissipation of proceeds while the case is pending. Collect rent records, bank statements, and tax and insurance payment proof early.

I live in New York, New Jersey, or Connecticut. Do I have to come to Florida for hearings?

Not for every proceeding. The firm handles the local court appearances for out of state clients and keeps them informed at each stage. Some events, such as a trial or certain depositions, may still call for your participation.

Does a partition case have to end in a forced sale?

No. Commissioners first consider whether the property can be divided. Many cases also resolve through a negotiated buyout, a voluntary sale, or mediation. A sale ordered by the court is the fallback when division would prejudice the owners.

Which court will hear my title dispute?

Title and partition cases belong in circuit court. Palm Beach County disputes go to the Fifteenth Judicial Circuit and Broward County disputes to the Seventeenth. Smaller money-only disputes can fall to county court, but disputes over ownership of land generally do not.

Can a title dispute be resolved without a trial?

Often, yes. Mediation, arbitration, and negotiated buyouts resolve a substantial share of co-ownership conflicts, and the firm is experienced in alternative dispute resolution. When the other side will not engage or assets are at risk, litigation and emergency relief become necessary.

Serving Property Owners Across Palm Beach and Broward Counties

Our work for Palm Beach County clients runs from Boca Raton, Delray Beach, and Boynton Beach north through Lake Worth, Wellington, Royal Palm Beach, and West Palm Beach, and on to Palm Beach Gardens, Jupiter, and Belle Glade. In Broward County, the firm represents owners in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Plantation, Davie, Hollywood, and Pembroke Pines, as well as surrounding communities. Disputes in these markets involve single-family homes, condominium units, commercial buildings, vacant land, and investment properties held through entities.

The firm also works with owners who live elsewhere, including clients from New York, New Jersey, and Connecticut who hold a share of South Florida property with a partner, relative, or former co-investor. Whether the parcel sits in a coastal Palm Beach County community or an inland Broward neighborhood, the same questions apply: who holds title, who can sell, and what remedy fits.

Speak With a South Florida Real Estate Title Attorney

If a deed is in question, a co-owner is blocking a sale, or a recorded claim is holding up your property, a conversation with a South Florida real estate title lawyer at the Andrew M. Schwartz Legal Team can clarify which remedy fits and how much time remains. Call to discuss your situation and the options for resolving it, whether through negotiation, mediation, or court.