Partition of the Marital Home


An action for partition of real property is the division of undivided and coexisting interests in real property.  Often times when couples divorce they own property jointly and one party will sue for partition asking that the court order that the property to be sold and the proceeds of the sale be split between the parties.  However, in many cases a partition action is not practical at the time of the dissolution of marriage because there is no equity in the property or forcing a parent and their children to move to another home may be impracticable or financially impossible. 

It is important to know your options if your spouse is seeking a partition action in your divorce case or if you are considering partition of your marital home.  These actions are becoming more and more common with the status of the real estate market in Florida and the Court's view on these actions has to change with the current conditions we are living in.

Talk to your attorney and learn your options when it comes to the marital home in a divorce case and make sure you are making the right decision for you and your family.

If you have questions or concerns, feel free to email us at [email protected] and set up a time for a free consultation with an attorney who can help you by phone.