Q: False allegations in partition action by co-owner for property in Florida
I am facing a partition action filed by a co-owner, who is falsely alleging that I am refusing to sell or vacate the property and preventing her from accessing it. In reality, she is guilty of these actions. I have met with several realtors, waiting for her to list the property, and I am currently living in another state trying to resolve the situation. I have repeatedly attempted communication, but the other party is not behaving rationally and this feels like continued harassment.
A: If you are facing a partition and you are willing to sell, you would likely be able to negotiate a settlement where the property is sold without intervention by the court. The competing allegations of exclusive possession, lack of access, etc. would be issues to settle in the negotiations. If you cannot come to an agreement, you would need to file an answer to the partition and counterclaim for those issues you have raised. In the vast majority of partitions my firm has handled, we are able to resolve them through negotiations instead of having the court decide the outcome. Schedule a free consultation today to ensure your interest in the property is protected.
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