REAL ESTATE PARTITION ATTORNEYS
We represent both Plaintiffs and Defendants in Partition lawsuits.
If you co-own property with someone and you are interested selling, we
would file a lawsuit on your behalf.
If you have been sued, we represent you in the case that has already been filed.
Short on cash? Multiple fee options: contingency and flat fee.
No out of pocket expenses while we represent you for contingency clients.
We cover the entire state and can respond to a summons the same day in most cases.​
407-818-1659
The most common partition cases arise from:
Let's discuss your partition case today.
Typical Fees
1
Contingency Fee Plan
No money out of pocket to hire our firm. We collect our fee once the property sells. Usually 3% of the sale price of the property.
2
Flat Fee Plans
Clients that opt for flat fee payments usually pay $1,000 down and $500 per month while the case is pending.
3
Hourly Payment Plans
Clients with complex cases or multiple cases may be offered an hourly billing option.
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Family Disputes & Inheritance
Many times family members find themselves in disagreement about what to do with jointly owned property. Sometimes one party wants to keep the property and protect family memories or they house they grew up in. We strive help our clients reach their goals and have been successful at helping clients keep properties they want to keep. For most clients, our goal is make sure they get the most of their entitlement out of the sale of the house.
Sometimes a property is inherted but still needs to go through probate, and we handle that case for our client also.
Sometimes a property is inherited, is in foreclosure, and needs to be probated, and we have handled all three cases for our client (foreclosure defense, probate, then partition).
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We have represented:
Brothers v Brothers
Siblings v Siblings
Neice vs Aunt
Cousins v Cousins
Parents v Children
and probably every combination.​​​
What does entitlement mean (in a partition case)?
Entitlement refers to the amount of money that you might be able to receive from the sale of the house. Sometimes, the money is split equally. However, sometimes one party paid for mortgage payments or HOA fees or other maintenance, and they may be entitled to a credit from the sale. Read more about partition credits here.
What is Probate?
A. Probate is generally the process for passing assets to heirs once a family member has passed away. It involves validating the Will if there is one, paying any debts that must be paid, and distrubuting the assets to the heirs or beneficiaries.
What does inheritance mean?
A. When a parent passes away, the assets may pass down to the children or heirs. This is called inheritance.
Here are some ways in which an attorney can help co-owners resolve disputes or divide jointly owned property:
Experienced Partition Lawyers
We have handled many partition cases across Florida, from simple to very complex, and have delivered results for our clients time and again.
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The types of issues that arise:
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Reimbursement for mortgage payments,
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Dealing with foreclosure and partition at the same time,
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Properties in disrepair,
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HOA issues,
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Family members that have been absent but show up for the inheritance.
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Needing to buy time...
They all require an experienced litigator..
Call our office for a free consultation to discuss your specific cirucmstances.
What is the Partition Process?
Suit is filed.
One of the co-owners files a lawsuit for partition. The clerk issues a summons and the plaintiff gives that to a process server and the process server serves the other co-owner, who is now a Defendant.
The Defendant must respond within twenty days of being served.
MSJ the Sale.
After the Defendant responds to the lawsuit, one party may file a Motion for Summary Judgment (MSJ) to have the court/judge enter an Order that the property must be sold. The property is listed and sold but the proceeds (money) from the sale is held in the trust account of one of the attorneys until the court enters an order or judgment about how to split up the money.
Often, the Plaintiff and Attorney reach an agreement about the sale and instead of filing a Motion for Summary Judgment we are able to file a Joint Stipulation, or Agreement, for the judge to review.
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​If the parties want to explore a buyout, this is the phase to do that.
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MSJ the Proceeds.
Once the property is sold, and if there is no agreement, the parties can submit Motions for Summary Judgment to persuade the judge how the money should be divided. We strive to get the parties to an agreement about dividing the sale proceeds because it is quicker for everyone to get the money out of the court and many times the parties are able to reach an agreement. Once the parties reach an agreement we submit a Joint Stipulation to the judge and receive an Order allowing us to disburse the funds.
Frequently Asked Questions
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What does entitlement mean (in a partition case)?Entitlement refers to the amount of money that you might be able to receive from the sale of the house. Sometimes, the money is split equally. However, sometimes one party paid for mortgage payments or HOA fees or other maintenance, and they may be entitled to a credit from the sale.
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What is Probate?Probate is generally the process for passing assets to heirs once a family member has passed away. It involves validating the Will if there is one, paying any debts that must be paid, and distributing the assets to the heirs or beneficiaries.
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What does inheritance mean?When a parent passes away, the assets may pass down to the children or heirs. This is called inheritance.
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What types of cases fall under personal injury?Personal injury cases can include car accidents, slip-and-fall incidents, medical malpractice, defective products, and more. Essentially, any situation where someone’s negligence leads to your injury could qualify.
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How long do I have to file a personal injury claim?The statute of limitations varies by state, but generally you have a specific time frame—from the date of the accident—to file. Consulting an attorney early helps ensure you don’t miss your window.
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Do I need a lawyer if the insurance company offers me a settlement?While you aren’t required to have legal representation, insurance companies often aim to settle quickly and for as little as possible. An attorney can help you evaluate whether the offer truly covers your current and future needs.
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How is compensation calculated?It’s based on factors like medical expenses, lost wages, property damage, and pain and suffering. No two cases are the same, so exact numbers will vary depending on the severity of your injuries and the impact on your life.
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What if I was partly at fault for the accident?In many states, you can still recover compensation even if you share some responsibility for the incident. Your total award may be reduced by the percentage of fault assigned to you.
Take a look at these recent settlements we obtained for our clients.
Orlando Probate Case (and tax lien)
$85,414.01 to our client. Our client did not pay any out of pocket fees to us until we won his case.
Our client inherited two properties, one in foreclosure from the bank and one in foreclosure from the county for taxes. We were able to recoup all of his inherited equity and settle the probate case.
Casselberry Partition Case representing the defendant.
$51,158.78 to our client. Three brothers inherited property. One brother did not want to cooperate with anybody. Our client did not pay any out of pocket fees to us until we won the case.
Client Reviews
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