How Do You Split an Inherited House?
Jointly inheriting real estate can be tricky, particularly when the beneficiaries don’t agree on what to do with the property and want to split an inherited house. This situation often occurs when multiple siblings inherit their parent’s home as co-owners. When siblings disagree over whether to keep the property or sell it, increased family tensions […]
What Is Probate Code Section 733.814?
Florida Probate Code Section 733.814 allows the personal representative or a beneficiary of an estate to initiate a “partition action” to split property between beneficiaries. It reads as follows: “When two or more beneficiaries are entitled to distribution of undivided interests in any property, the personal representative or any beneficiary may petition the court before […]
Can Siblings Force the Sale of Inherited Property?
The emotions that arise when a loved one dies can lead to many potential conflicts, especially among siblings. One of the most common types of disagreements is whether to keep or sell mom and dad’s home after they pass away. Often, properties are distributed in kind to the kids, leaving them owning property together despite […]
How Long Does It Take to Win a Partition Action
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available […]
How to Stop a Partition Action
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it’s very difficult, legally, to stop a partition action there are alternatives. What […]
The Definitive Guide to Partition Actions
What is a partition action? The definition. The definition of a partition action (see California Code of Civil Procedure Section 872.210) is an action taken to divide a California real estate property fairly among its co-owners. When do I need a partition action? In California, most people consider a partition action when they want to […]