Florida Statutes 64.208 – Partition alternatives
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 64.208
- Partition by sale: means a court-ordered sale of the entire heirs property, whether by open-market sale, sealed bids, or auction conducted under…. See Florida Statutes 64.202
- Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Florida Statutes 64.202
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) If any cotenant requested partition in kind, or if all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to s. 64.207, or, if after conclusion of the buyout under s. 64.207, a cotenant remains that has requested partition in kind, the court shall enter a judgment of partition in kind unless the court is satisfied that commissioners appointed pursuant to s. 64.061 have considered the factors listed in s. 64.209 and found that partition in kind will result in prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. Such judgment of partition must include the legal description of the real property before partition, the legal description of each new parcel, and the name of each parcel’s owner and shall be recorded by the clerk of the court in the official records of the county where the property is located.
(2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to s. 64.210 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to s. 64.207, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.