common partition Action Scenarios

Inherited Property Disputes: Siblings inherit a home, but cannot agree on whether to sell it, rent it out, or have one sibling live in it.

Unmarried Couple Separation: A couple who jointly purchased a home breaks up and cannot agree on how to divide the equity, with one partner often refusing to sell.

Business Partner Disagreements: Partners in a real estate investment disagree on maintenance, management, or the timing of a sale.

Co-Signer Conflicts: A person who co-signed a mortgage to help a friend or relative buy a home wants to be removed from the deed and debt, but the resident refuses to refinance or sell.

Disagreement on Usage: One co-owner wants to rent out a vacation home, while the other wants to keep it for personal use.

Forced Sale of Personal Property: Disputes over the division of high-value shared items, such as cars, boats, or collectibles.

Partition Scenarios:

SCENARIO 1

The 75 year old widowed mother of Tom and Jane owns a 3 bedroom , 2 bathroom house in Florida valued at $500,000.00 with $200,000.00 mortgage. This is her primary residence where Anita still lives. Jane lives with her mother in the house The mother passes away without a will or a trust

Conflict: After their mother’s death inherit the house as undivided tenants in common, each holding a one-half interest. Jane wants to stay in the house, but Tom has paid the mortgage, totaling 75,000.00 and wants to sell

Legal process: To administer/manage their mothers estate a probate case must be filed in the county where the house is located

SCENARIO 2

Introduction: Michael and Lisa*, a couple who have been dating for years but are not married, decide to buy a house together. They purchase a 4-bedroom, 3-bathroom house in Florida for $300,000 with a $200,000 mortgage as Joint Tenants with Right of Survivorship, contributing equally to the purchase. This becomes their primary residence.

Conflict: Over the next two years, Michael ends up paying 75% of the mortgage payments. The property’s value increases to $500,000. Following accusations of infidelity, Lisa moves out, and they face a breakup.

Legal Process: Lisa wishes to sell the house, but Michael, who continues to live there, cannot afford to buy her out or refinance the mortgage on his own.

Resolution Option: Lisa can file a partition lawsuit to force the sale of the house if they cannot agree otherwise. Proceeds Distribution: After the sale, adjustments are made for Michael’s additional mortgage contributions, potentially giving him 25% more from the sales proceeds relative to their initial equal obligation. Lisa may recover her legal fees and court costs from the proceeds. Once the mortgage is fully paid and all costs are covered, the remaining proceeds, minus closing costs and the Special Magistrate’s commission, are to be divided equally between Michael and Lisa. *Same applies to same-sex relationships, boyfriend/boyfriend or girlfriend/girlfriend.

SCENARIO 3

Introduction: Alex and Bailey, two friends, purchase a 4-bedroom, 3-bathroom house in Florida for $300,000 with a $200,000 mortgage as Tenants in Common. Alex invests an additional $100,000 in repairs and renovations right after the purchase, enhancing the property’s value.

Conflict: Two years later, the property’s value has risen to $500,000. However, the friends’ relationship has deteriorated, and they disagree on the property’s future.

Legal Process: Alex wishes to sell, but Bailey is unable to buy out Alex’s share or refinance the mortgage.

Resolution Option: Alex can file a partition action to force the sale of the house. Proceeds Distribution: After the sale, the mortgage is paid off first. Alex may receive an additional $50,000 from the sales proceeds as compensation for his initial investment in repairs and renovations. The remaining proceeds, after paying off any associated legal fees and court costs that Alex might recoup, and deducting closing costs and the Special Magistrate’s commission, are divided equally between Alex and Bailey.