West Palm Beach Real Estate Title Dispute Attorney

A recorded deed you never signed, a former partner whose name is still on the title, or a sibling who will not agree to sell the house you inherited together can freeze a property for years. The Andrew M. Schwartz Legal Team handles real estate litigation for owners, investors, and families in West Palm Beach and across Palm Beach County and Broward County, and title conflicts are a core part of that work.

A West Palm Beach real estate title dispute attorney is usually brought in when ownership itself is in question rather than the price or the paperwork of a sale. Someone else holds record title, or claims to. A lien, a stale conveyance, or an old co-ownership arrangement hangs over the property. Lenders will not lend, buyers will not close, and the owner cannot act. Florida gives the circuit courts specific tools for these situations, including quiet title actions and partition, and choosing the right one early shapes everything that follows.

Where Title Disputes Come From in South Florida

Title problems rarely appear out of nowhere. They usually trace to a transaction that was handled informally, a relationship that changed, or a record that was never cleaned up. Palm Beach County has a large share of investor-owned property, second homes held by out-of-state owners, and real estate held through LLCs and family arrangements. Each of those structures creates its own ways for ownership to become contested.

The common thread is that someone is holding or asserting an interest that the true owner believes should not exist, or two or more people each believe they control the same parcel. The remedy depends on which of those describes your situation, and that is the first question an attorney sorts out when reviewing the deed history, any operating or partnership agreement, and the correspondence between the parties.

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

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He holds an undergraduate degree from Emory University and a law degree from the University of Miami. 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.

That background matters in title work because these cases often sit at the intersection of real property law and a business relationship. A deed dispute between former partners is also a partnership dispute; a contested inheritance property can be both a title question and a partition case. The firm handles partition actions, quiet title actions, title disputes, and the underlying contract and partnership litigation, so the claims can be built together rather than handed between lawyers.

Real estate trial work is part of the record. After a five-day bench trial in Broward County, the circuit court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. The firm practices as a true legal team, so everyone working on your file knows it, and calls are returned within 24 hours when an attorney is in court. Many clients live in New York, New Jersey, or Connecticut; the firm handles the local court appearances so those clients do not have to travel for every hearing. The attorneys are also experienced in mediation and arbitration, and they look for the resolution that fits the client’s goals and budget.

Types of Title and Ownership Disputes We Handle

• Quiet Title Actions: A suit under Chapter 65 asks the court to determine who owns land and to cancel a deed or other instrument that clouds the owner’s title. The plaintiff generally must trace title back at least seven years before filing unless the court orders otherwise, and the action may be filed in any county where part of the land sits.
• Fraudulent or Forged Conveyances: When a deed was recorded through forgery or a fraudulent transfer, Florida allows a quiet title action on that basis, with summary procedure and a court directed to move the case up on its calendar.
• Partition Among Co-Owners: Former business partners, unmarried couples, and investors who no longer want to hold property together can ask the court to divide the land or, if division would harm the owners, order a sale at public auction and split the proceeds in proportion to their interests.
• Inherited and Family Property: Florida’s heirs property rules apply to partition cases filed on or after July 1, 2020, where co-owners hold as tenants in common, at least one acquired title from a relative, and further conditions are met, such as relatives holding twenty percent or more of the interests. These cases follow a different process with added protections against forced sales.
• Adverse Possession Claims: A person who occupies land openly and exclusively for seven years under a claim of title may assert ownership, whether or not they hold a recorded instrument. The rules differ for claims under color of title versus those without, and either side of such a claim needs prompt review of the possession history.
• Disputes Between Business Partners Over Property: Real estate placed in an LLC, held by partners individually, or bought with company money often becomes the center of a business divorce, with competing claims about who owns it and who funded it.
• Failed Closings and Contract Ownership Questions: When a buyer or seller refuses to close, the dispute can turn on whether the contract can be enforced against the property itself through specific performance, a remedy with a short filing window.

What to Do If Your Title Is Under Challenge

Start by gathering the documents that define the dispute: every deed in the chain you can find, the closing file from your purchase, any title insurance policy, mortgage and lien paperwork, surveys, and agreements with co-owners or partners. Pull the recorded instruments from the Palm Beach County Clerk’s records so you are working from what is actually on file rather than from memory. If you suspect a forged or fraudulent deed, preserve everything about how you learned of it, and do not confront the other party before you understand what was recorded and when.

Deadlines drive the strategy. A contract-based claim founded on a written instrument carries a five-year limitations period, while oral or implied contract claims run four years. A suit to rescind a contract is four years, and fraud runs four years from discovery, capped at twelve. An action seeking specific performance of a contract has only a one-year period, which catches many owners off guard after a closing falls apart. Separately, Florida bars suits to recover real property unless the plaintiff or a predecessor held possession within seven years before filing. If any of these windows may be running, that should shape how quickly the case is filed.

Title suits in West Palm Beach are filed in the circuit court for Palm Beach County, which sits in the Fifteenth Judicial Circuit, with circuit civil matters heard at the main courthouse in downtown West Palm Beach. Partition and quiet title actions are equitable proceedings, so they are tried to a judge rather than a jury. If the property or the defendants are in Broward County, the Seventeenth Judicial Circuit in Broward applies instead, and a quiet title complaint may be filed in any county where part of the land lies. Cases that involve federal questions or qualifying parties can also land in the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale.

Common mistakes are avoidable. Do not sign a quitclaim deed or settlement document to “clear things up” before an attorney reviews what rights you may be giving away. Do not stop paying taxes, insurance, or the mortgage because ownership is contested; those lapses can create new problems and weaken your position. Do not assume a recorded document is valid just because it is recorded, and do not wait on an informal promise from a co-owner while a limitations period runs. Where assets or the property itself are at risk of being transferred or encumbered during the case, a temporary injunction can hold the status quo, and the firm has experience seeking that relief on an emergency basis.

How Partition Cases Actually Work in Palm Beach County

Partition is often misunderstood as a simple order to sell. In practice, the complaint must describe the land, name every owner and their residence, and state each owner’s share. If the court grants partition, it appoints three commissioners, chosen by the court unless the parties agree, to evaluate whether the property can be divided fairly. Only if the commissioners report that division cannot be made without prejudice to the owners may the court order a sale at public auction. A court can allow a sale on reasonable credit for good cause, but at least one-third of the purchase money must be paid down unless all parties agree otherwise.

For heirs property, the process is more protective. If the court finds the property qualifies, it applies the Uniform Partition of Heirs Property Act, and a partition in kind is not entered unless the commissioners considered the statutory factors and found that division in kind would prejudice the cotenants as a group. A West Palm Beach title dispute lawyer has to know early which track the case belongs on, because it determines what you must prove and how much leverage each side holds. Many partition disputes end in a negotiated buyout of one owner’s share before an auction ever happens, and that is often the better outcome for everyone.

Frequently Asked Questions About Title Disputes

What is a quiet title action?

It is a lawsuit asking the court to declare who owns a piece of land and to remove competing claims or recorded instruments that cloud the title. A judgment gives the owner a clear, enforceable determination that can be recorded and relied on by lenders and buyers.

How far back do I have to trace title to file one?

Florida law generally requires the plaintiff to trace title for at least seven years before filing, unless the court orders otherwise. In practice, an attorney will often review the chain further back to find the defect.

Where is a quiet title case filed?

In circuit court, in any county where any part of the land is located. For property in West Palm Beach, that means the Palm Beach County circuit court in the Fifteenth Judicial Circuit.

Can someone take my property by living on it?

Adverse possession is possible in Florida but demanding. Without a recorded instrument, the claimant must show actual, continuous possession for seven years under a claim of title exclusive of others, and must follow the statutory filing requirements, including a full legal description. Claims under color of title have their own rules, including a recording requirement.

Is a forged deed void, and how do I fix it?

A forged deed generally conveys nothing, but it still clouds the record until a court says so. A quiet title action based on a fraudulent conveyance can cancel the instrument, and the statute provides for a summary procedure and priority on the court’s calendar.

Can I force the sale of a property I co-own?

Yes, through a partition action. The court may divide the land if that is practical; if not, it can order a sale at public auction and divide the proceeds according to each owner’s share. The process involves court-appointed commissioners and statutory payment rules for sales on credit.

How is inherited property treated differently in partition?

If the property qualifies as heirs property, the court must follow the Uniform Partition of Heirs Property Act, which adds steps and protections before a forced sale. Co-owners can agree in writing to a different process.

My former business partner and I both claim the building. Which case do I file?

It depends on how title is held and what the agreements say. The claim may be a quiet title action, a partition suit, a breach of an operating or partnership agreement, a judicial dissolution, or several at once. Reviewing the deed, the entity documents, and the funding history comes first.

I live out of state. Do I have to come to West Palm Beach for the case?

Generally no for routine proceedings. The firm regularly represents clients from New York, New Jersey, and Connecticut, handles the local court appearances, and keeps clients informed at each stage. Your presence may be needed for a trial or certain hearings.

How long do I have to sue over a failed closing?

It depends on the remedy. A damages claim on a written contract has a five-year period, but a suit seeking specific performance has only one year. That difference makes early review important.

Do these disputes always end in a trial?

No. Many resolve through negotiation, mediation, or a buyout. The firm is experienced in mediation and arbitration as well as courtroom litigation and pursues the route most likely to meet your goals at reasonable cost, while preparing the case as though it may be tried.

Serving West Palm Beach and Palm Beach County Property Owners

The firm represents clients in West Palm Beach, including the downtown, Flamingo Park, El Cid, and Northwood areas, and across Palm Beach County in Palm Beach, Lake Worth Beach, Boynton Beach, Delray Beach, and Boca Raton. It also serves owners in Wellington, Royal Palm Beach, Jupiter, Palm Beach Gardens, Riviera Beach, and Greenacres. Many of these communities have a large share of second-home owners and investors, which is why out-of-state clients with a stake in local property are a regular part of the practice.

The firm also handles title and partition matters in neighboring Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, and Hollywood, and serves clients throughout South Florida whose co-owners, partners, or properties are located here.

Speak With a West Palm Beach Title Dispute Attorney

When ownership of your property is contested, the sooner the deed history and the applicable deadlines are reviewed, the more options you keep. The Andrew M. Schwartz Legal Team brings decades of South Florida real estate and business litigation experience to quiet title, partition, and related ownership disputes. Call today to discuss your situation with a West Palm Beach real estate title attorney who can tell you what claim fits, what it will take, and what a realistic outcome looks like.