Florida Statute 718.116 governs the termination of joint ownership of property, affecting homeowners and tenants. This statute applies to all joint owners of property in Florida, including those in condominiums and cooperatives.
As of January 1, 2020, a $500 threshold applies to disputes under this statute.
Florida’s Partition Statute
Under Florida Statute 64.001, the court may order the sale of jointly owned property if one or more co-owners file a partition action, with a 30-day time limit for response. The Uniform Partition of Heirs Property Act, found in Chapter 64 of the Florida Statutes, provides a framework for partitioning property, with a $1,000 filing fee.
In practice, this means that co-owners must follow the procedures outlined in the statute, including providing a 20-day notice to all interested parties, as required by Section 64.041. The court will then determine whether the property can be divided equitably, considering factors such as the property’s value and the interests of all parties involved, under the principles of the “Owen v. Owen” standard.
The court may also consider the “forced sale” provision under Section 64.051, which allows the court to order the sale of the property if it cannot be divided equitably, with a minimum sale price of $50,000.
Florida’s Specific Requirements or Thresholds
Threshold Requirements
To initiate a partition action, co-owners must meet specific requirements, including a $2,000 bond requirement, as outlined in Section 64.061. Additionally, the property must be valued at over $100,000, with a 10% threshold for determining whether the property can be divided equitably.
In plain terms, this means that co-owners must demonstrate a significant interest in the property and be willing to post a substantial bond to cover costs, under the “good faith” standard of Section 64.071.
Partition by Sale
If the court orders a partition by sale, the property will be sold at a public auction, with a minimum bid of $200,000, as required by Section 64.081. The sale must be conducted within 60 days of the court’s order, with a 10-day notice period.
The proceeds from the sale will be distributed according to the interests of the co-owners, with a 5% threshold for determining the distribution, under the principles of the “pro rata” standard.
Partition in Kind
In some cases, the court may order a partition in kind, where the property is divided among the co-owners, with a 20% threshold for determining whether the property can be divided equitably. This type of partition requires a detailed survey and appraisal of the property, with a $5,000 minimum fee.
This is where the law gets teeth, as co-owners must be prepared to provide significant documentation and evidence to support their claims, under the “strict scrutiny” standard of Section 64.091.
Legal Process in Florida
The legal process for partitioning property in Florida begins with the filing of a complaint in the circuit court, with a $395 filing fee, as required by Section 28.241. The complaint must be served on all co-owners, with a 20-day time limit for response, under the “personal service” standard of Section 48.031.
The court will then schedule a hearing to determine whether the property can be divided equitably, with a 30-day notice period, under the principles of the “due process” standard.
Penalties and Consequences
Co-owners who fail to comply with the partition statute may face penalties, including a $1,000 fine, as outlined in Section 64.111. Additionally, the court may order the sale of the property, with a minimum sale price of $50,000, under the “forced sale” provision of Section 64.051.
In plain terms, this means that co-owners who refuse to participate in the partition process may be forced to sell their interest in the property, with a 10% threshold for determining the distribution of proceeds, under the principles of the “pro rata” standard.
How Florida Compares to Other States
Florida’s partition statute is similar to those in other states, such as California and Texas, which also provide for the partition of jointly owned property, with a $2,000 bond requirement. However, Florida’s statute has a more detailed framework for partitioning property, with a 20% threshold for determining whether the property can be divided equitably.
For example, California’s partition statute, found in Section 872.010 of the California Code of Civil Procedure, requires a 30-day notice period, while Texas’s statute, found in Section 23.001 of the Texas Property Code, requires a $1,000 filing fee.
Practical Steps or Enforcement
Co-owners who wish to initiate a partition action should consult with an attorney, with a minimum fee of $2,000, to ensure they comply with the statutory requirements, under the “good faith” standard of Section 64.071. Additionally, co-owners should be prepared to provide significant documentation and evidence to support their claims, with a 10% threshold for determining the distribution of proceeds.
The Florida Department of Business and Professional Regulation, with a 20-day response time limit, may also be involved in the partition process, particularly if the property is a condominium or cooperative, under the principles of the “due process” standard.
Recent Changes or Current Legislative Status
The Florida Legislature has recently amended the partition statute, with the passage of Senate Bill 1084, which took effect on January 1, 2022, with a $500 threshold for disputes. The amendments provide for a more streamlined process for partitioning property, with a 30-day time limit for response, under the “expedited proceedings” standard of Section 64.101.
Looking forward, it is likely that the partition statute will continue to evolve, with potential changes to the threshold requirements and the process for partitioning property, under the principles of the “pro rata” standard, with a minimum sale price of $50,000.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
