Partition Lawsuit: How long can I stay in the Property?

Understanding Partition Law: How Long Does It Take and Can You Stay in the Property?

Partition law plays a crucial role in resolving disputes between co-owners of real estate. When individuals jointly own property and cannot agree on its use or sale, they may need to pursue a partition action. However, a common concern for property owners involved in a partition case is how long the process takes and whether they can continue living in the property while the partition is pending. If you are facing such a situation, consulting a partition attorney like Joe Taormina can help you navigate your legal options effectively.

What is Partition?

Partition is a legal process allowing co-owners of property to divide their interests. This situation typically arises when one owner wants to sell their share, but the other co-owners do not agree. When negotiations fail, a court can intervene and order a partition. There are two primary types of partition:

1. Partition in Kind – The court physically divides the property among the owners. This method is common for large land parcels that can be fairly split without reducing their value.

2. Partition by Sale – When physical division is impractical or would significantly decrease the property's value, the court may order a sale of the property, with proceeds distributed among the co-owners based on their ownership percentages.

How Long Does a Partition Case Take?

The time frame for a partition action can vary widely depending on several factors, including court schedules, property type, and the level of dispute between the owners.

The general answer is about six months for a quick partition.

Here’s a general timeline:

1. Pre-Filing Negotiations (1-3 Months)

Before filing a lawsuit, co-owners often attempt to resolve disputes through negotiation. If an agreement is reached, the need for a court-ordered partition may be avoided, saving time and legal costs.

2. Filing the Partition Lawsuit (1-2 Months)

Once a partition attorney files the lawsuit, the next step is to serve the defendants (co-owners). The defendants have 20 days to respond. If they contest the partition, the case may take longer to resolve.

3. Property Appraisal and Valuation (2-6 Months)

If the case moves forward, the court may order an appraisal of the property to determine its fair market value. This is particularly important in a partition by sale, where proceeds must be divided equitably.

4. Mediation or Settlement Discussions (3-6 Months)

Courts often encourage mediation to reach a settlement before a trial. If all parties agree on a resolution, the case can conclude much faster.

5. Court Hearings and Trial (6-18 Months)

If mediation fails, the case proceeds to court. Depending on the complexity of the issues, multiple hearings may be required. A full trial can extend the process further.

6. Sale and Distribution of Proceeds (3-6 Months)

For a partition by sale, the court orders the property to be sold, and the proceeds are distributed based on ownership shares. This step can take additional time, especially if market conditions impact the sale timeline.

Total Estimated Time Frame: 6 to 24 months, though uncontested cases may be resolved within a year.

Can You Live in the Property During a Partition Action?

Many co-owners wonder whether they can continue residing in the property while a partition action is pending. The answer is almost always YES.

Usually, one of the owners lives in the property. Almost always, they can continue living in the property until the lawsuit is resovled and the property sells.

One thing to consider though is the other party can make a claim that they should be entitled to a credit for the reasonable rental value of the property. This is a rather nuanced legal concept and it usually overlaps with the parties claims for credits out of the sale of the property. If you are concerned how long you can stay in property or what effect it will have, it is best to speak with a partition lawyer with experience handling cases in court, like Joe Taormina at Taormina Law, P.A.

Protecting Your Rights During a Partition Case

If you are involved in a partition case, taking proactive steps can help protect your rights:

1. Consult a Partition Attorney – A partition attorney in Orlando can evaluate your case and advise on the best legal strategy.

2. Negotiate a Settlement – If possible, reaching an agreement outside of court can save time and costs.

3. Understand Your Rights to Compensation – If you are the sole occupant, the court may require rent payments or expense-sharing.

4. Prepare for a Sale or Buyout – If a partition by sale is inevitable, consider negotiating a buyout with the other owners.

Conclusion

Partition cases can take anywhere from a year to several years, depending on the complexity of the case and the level of dispute among co-owners. While a partition action is pending, one co-owner may continue living in the property under certain conditions, but the court may require fair compensation for other owners. Consulting with an experienced partition attorney in Orlando can help you navigate this process efficiently and protect your interests.

If you need legal assistance with a partition matter, contact our office today for a consultation.