Wilton Manors Partition Action Attorney

The Andrew M. Schwartz Legal Team represents co-owners, investors, and families in Wilton Manors and across Broward County who are stuck sharing title to real estate with someone they can no longer work with. Our business litigation and real estate lawyers handle the disputes that arise when owners cannot agree on whether to sell, who pays the carrying costs, or who gets to stay in the property.

Co-ownership in a place like Wilton Manors takes many forms: a duplex bought by two friends, a home inherited by siblings, a rental property split among investors, or a house purchased by an unmarried couple that has since separated. When one owner wants out and another refuses, a Wilton Manors partition action attorney can ask the court to resolve the standoff, either by dividing the property or by ordering it sold and splitting the proceeds.

The decision of whether to file, negotiate, or buy out the other owner shapes everything that follows. The sections below walk through those choices and what Florida law says about each.

Why Clients Choose the Andrew M. Schwartz Legal Team for Partition Cases

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 earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts.

Partition work sits where several of the firm’s core practices meet: real estate litigation, business divorce, and title disputes. Many of our partition clients are former business partners, siblings who inherited property, or investors who want out of a shared deal, and those relationships are exactly the ones the firm handles every day. We serve clients in Wilton Manors, Fort Lauderdale, and throughout Broward County and Palm Beach County.

The firm practices as a true legal team, so everyone working on your file knows it, and we keep a strict 24 hour return call policy. 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 stretching a case out. For real estate results, a Broward County bench trial before the Circuit Court ended in a 32-page final judgment granting our client specific performance of a commercial real estate contract.

Many of our clients own South Florida property from out of state, including New York, New Jersey, and Connecticut. We handle the local court appearances so they do not have to travel for every hearing.

Situations That Lead to Partition and Co-Ownership Disputes

• Inherited Property Among Siblings or Relatives: One heir wants to sell, another wants to keep the home, and a third has stopped paying their share of taxes and insurance. Florida has special rules for this setting under the Uniform Partition of Heirs Property Act, discussed below.
• Former Business Partners Holding Real Estate: A company dissolves or partners fall out, but the building or investment property is still held jointly and neither side will agree on a sale price or a buyout.
• Unmarried Couples Who Separate: Both names are on the deed, one partner moves out, and the question becomes who gets the house, who pays the mortgage, and who is owed for improvements.
• Investor Groups With Split Goals: Several investors bought a rental or development property together, and some want to cash out while others want to hold. Without a binding agreement on exit, the court becomes the exit.
• Co-Owner Who Will Not Pay or Cooperate: One owner stops contributing to the mortgage, taxes, or repairs, or locks others out. These facts often drive both the timing of a filing and the accounting between owners.
• Title Clouds and Competing Ownership Claims: Sometimes the real problem is not how to divide the property but who actually owns what. Quiet title actions let a court cancel a competing claim and clear the record.
• Properties Held Through an LLC or Corporation: When the entity owns the property, the dispute may belong in a dissolution or member-dispute case rather than a partition case, and choosing the wrong vehicle wastes time and money.

Decisions to Make Before and After a Partition Is Filed

The first decision is whether partition is even the right tool. If a written agreement governs how the owners exit, such as an operating agreement, a co-tenancy agreement, or a buy-sell clause, that agreement may control or at least shape the outcome. Pull every document: the deed, any mortgage, closing statements, tax bills, insurance records, and receipts for repairs. If the property is held by an entity, you will also need the entity’s governing documents.

The second decision is whether to negotiate a buyout first. Many partition cases end this way. One owner buys out the others at an agreed price, or the owners list the property together and split the proceeds. Mediation can get this done faster and cheaper than a court-ordered sale, and a negotiated sale usually brings a better price than a forced one.

The third decision is when to file. In Florida, partition actions are equitable proceedings heard in circuit court. Broward County’s circuit court is the Seventeenth Judicial Circuit, and Palm Beach County’s is the Fifteenth. A partition complaint can be filed where the land sits, and for Wilton Manors property that means Broward County. The complaint must describe the land, identify the owners and where they live, state what share each holds, and include whatever else the court needs to decide the parties’ rights.

Be careful about self-help. Changing locks, cutting off utilities, or taking rent that belongs to everyone can create counterclaims. Likewise, do not stop paying the mortgage or taxes out of frustration; a foreclosure or tax sale hurts every owner, and what you advanced for the property may be recoverable in the accounting between owners.

If assets or the property itself are at risk, such as a co-owner trying to encumber, transfer, or strip value from the property, ask about injunctive relief early. Courts can act on an emergency basis when the facts support it.

How Florida Courts Divide or Sell Jointly Owned Property

Under Florida’s partition statute, after the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on who they should be. The commissioners examine whether the land can be divided fairly. For a single-family home, condo unit, or small lot in Wilton Manors, physical division is usually impractical.

When the commissioners report that division cannot be made without prejudice to the owners and the court agrees, the court may order the property sold at public auction to the highest bidder and divide the proceeds 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 down unless all parties consent otherwise.

Heirs property gets different treatment. Florida’s Uniform Partition of Heirs Property Act applies to partition cases filed on or after July 1, 2020. Property qualifies when it is held as a tenancy in common, there is no binding agreement among all cotenants governing partition, at least one cotenant got title from a relative, and another listed condition is met, such as twenty percent or more of the interests being held by cotenants who are relatives. If the court finds the property is heirs property, it must follow Part II of the chapter unless all cotenants agree otherwise in a record. In practice, that means added protections for family owners before a sale is forced, and a judgment of partition in kind is not entered unless the court is satisfied that the commissioners considered the statutory factors and found that division in kind would prejudice the cotenants as a group.

Partition also overlaps with other claims. Owners often have competing accounting claims for mortgage payments, taxes, insurance, repairs, and rent collected, and those get sorted out alongside the division of proceeds. Where title itself is in doubt, a quiet title action under Florida law lets a court cancel a competing claim and remove the cloud. The plaintiff must trace title back at least seven years before filing unless the court orders otherwise, and a quiet title complaint can be filed in any county where part of the land is located.

Deadlines matter in related claims. A contract claim founded on a written instrument has a five-year limitations period, an oral or implied contract claim has four years, and a specific performance action has one year. If your dispute involves a failed sale or a buyout agreement, those clocks may be running separately from the partition itself.

When the Property Is Held Through an LLC or Corporation

If the property sits inside a company, partition may not be available at all, because the owners hold interests in the entity rather than title to the land. The remedy then lies in company law. For an LLC, Florida allows a circuit court to dissolve the company when a member or manager shows grounds such as deadlock with irreparable injury threatened, misappropriation or waste of assets, or that it is not reasonably practicable to carry on activities under the operating agreement. The court may appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member’s interest.

For a corporation, a shareholder may seek judicial dissolution on statutory grounds, and the corporation or other shareholders may elect to purchase the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms. Operating or shareholder agreements with deadlock sale provisions can also change the path, so the documents need to be read before any filing.

Partition Action Questions We Hear From Wilton Manors Owners

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

Generally, yes. Florida law lets a co-owner ask the court for partition even if the others object. Whether the court divides the land or orders a sale depends on whether division can be done without prejudice to the owners. Agreements among the owners, and the heirs property rules for family-held land, can change the analysis.

How long does a partition case take in Broward County?

It depends on whether the owners contest the claim, whether title or accounting issues are in play, and how quickly commissioners and any sale can be arranged. Uncontested cases move much faster than cases with disputed ownership shares. A negotiated buyout or agreed sale can end the matter well before a court-ordered auction.

Which court handles a partition case for Wilton Manors property?

Partition actions are equitable proceedings heard in circuit court. For property in Wilton Manors, that is the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County.

What is heirs property, and why does it matter?

Heirs property is real estate held as a tenancy in common where there is no binding agreement among all cotenants on partition, at least one cotenant acquired title from a relative, and another statutory condition applies, such as twenty percent or more of the interests being held by relatives. If a property qualifies, the court must follow the Uniform Partition of Heirs Property Act, which adds protections before a forced sale.

Do I get my share of the sale price even if I stopped paying the mortgage?

You generally keep your ownership share, but the court can account for contributions and shortfalls among owners. An owner who paid more than their share of the mortgage, taxes, or repairs may be credited in the division of proceeds. Missing payments can cost you in that accounting and can put the property itself at risk.

Can the court order the property sold at auction?

Yes. If the commissioners report that division cannot be made without prejudice and the court is satisfied, it may order a public auction to the highest bidder. The court may allow a sale on reasonable credit for good cause, with at least one-third of the purchase money paid down unless all parties consent otherwise.

Is it worth hiring a lawyer if the other owner and I mostly agree?

Often, yes, because even friendly splits go wrong over price, timing, and who gets credit for past payments. A lawyer can document a buyout or agreed sale properly and make sure title, mortgage, and tax issues are handled before anyone signs.

What if my co-owner is living in the property and will not leave?

Co-owners generally have a right to possess the whole property, which complicates removal. Possible paths include a negotiated buyout, a partition filing, and claims for an accounting if the occupying owner collects rent or refuses to contribute to costs. Self-help like changing locks can backfire.

Can I stop a co-owner from selling or borrowing against the property while the case is pending?

In urgent situations, a court can issue temporary or permanent injunctive relief to protect property and assets during a dispute. Whether it is available depends on the facts, including the risk of harm and whether the other owner is acting to move or encumber the property.

I live out of state. Can I handle a Wilton Manors partition case remotely?

Generally, yes. We regularly represent clients from New York, New Jersey, and Connecticut with South Florida real estate, handling local court appearances and keeping you informed so you do not have to travel for every hearing.

How do partition, quiet title, and business dissolution differ?

Partition divides or sells co-owned real property. Quiet title resolves who owns the land when claims compete or a cloud sits on the record. Business dissolution ends or restructures a company’s affairs when owners deadlock or misconduct occurs. One dispute can involve more than one, and choosing the right claim first saves time and expense.

Serving Partition Action Clients Across Wilton Manors and Broward County

We represent co-owners in Wilton Manors, from the residential streets near the Wilton Drive corridor to the neighborhoods along the Middle River, and in the neighboring city of Oakland Park. Clients also come to us from Fort Lauderdale, Lauderhill, Lauderdale Lakes, Tamarac, Plantation, Sunrise, and Davie. Further north and south in Broward County, we handle matters for owners in Pompano Beach, Coral Springs, Deerfield Beach, Hollywood, and Pembroke Pines.

The firm’s reach extends into Palm Beach County as well, including Boca Raton and West Palm Beach, and to clients in New York, New Jersey, and Connecticut who hold South Florida property with family members, former partners, or investors. Whether the property is a single-family home, a duplex, a small commercial building, or a share in an investment, we take partition and title disputes throughout South Florida.

Talk With a Wilton Manors Partition Attorney Today

Co-owners who wait tend to see taxes, insurance, and resentment pile up. If you are sharing title with someone you can no longer agree with, a Wilton Manors partition lawyer from the Andrew M. Schwartz Legal Team can review your deed and any agreements, explain whether partition, a buyout, or another remedy fits your situation, and lay out a plan that matches your goals and budget. Call our team to schedule a consultation.