Terms Used In Florida Statutes 64.203

  • Heirs property: means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:
    (a) There is no agreement in a record binding all the cotenants which governs the partition of the property;
    (b) One or more of the cotenants acquired title from a relative, whether living or deceased; and
    (c) Any of the following applies:
    1. See Florida Statutes 64.202
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 64.202

(1) This part applies to partition actions filed on or after July 1, 2020.
(2) Provided that a partition action is otherwise available under part I of this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.
(3) This part supplements part I of this chapter and, if an action is governed by this part, replaces provisions of part I of this chapter that are inconsistent with this part.
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