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Getting Rid of a Co-Owner of Florida Real Estate: What Florida Co-Owners Need to Know About Florida Partition

Uncategorized Mar 17, 2014

Did you inherit some Palm Beach real estate with another from a Palm Beach estate or a Palm Beach trust?  Do you want to get out of owning the Palm Beach real estate with another?  Listen up.  A recent case could get you thousands.  Want your attorneys fees paid for by someone who is a co owner of Florida real estate with you? Well, in Florida, you can file a partition lawsuit. Maybe you got a big piece of land in western Palm Beach County, or a commercial property in Ft. Lauderdale from your late aunt’s Broward County probate.   What if you don’t want to be a co-owner or co-tenant of that Broward County real estate?    Partition lawsuits are filed a lot in Palm Beach county and Broward County when co-tenants or co-owners of Florida real estate don’t want to own property together. If the co-owners or co-tenants of the Florida real estate can’t agree on ownership, maintenance or selling of that property, you can sue for partition.  This is not uncommon with inheritances from Palm Beach probates or Palm Beach estates.  Many times, mom or dad, or a family relative “put” your “name” on the deed to some Palm Beach real estate, with another.   Many Palm Beach clients like to hold Palm Beach real estate as joint tenants with the right of survivorship, a so-called “will substitute” intended to avoid Palm Beach probate.   You end up inheriting a piece of real estate, but with another.   If this has happened to you, read a February 28, 2014 case from Florida’s 2nd District Court of Appeal because you may be able to recover some of your attorneys fees for filing the partition lawsuit.