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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A:
In Florida, a partition action can be filed by a co-owner seeking to divide or sell the property if both parties cannot agree on its use. If your co-owner is falsely accusing you of refusing to sell or vacate the property, it’s important to document your side of the situation. Keep records of all communication attempts, meetings with realtors, and any actions you’ve taken to resolve the issue. This documentation can help protect you and prove that you are acting in good faith.
You may also want to consider filing a response to the partition action, explaining your side of the story and providing evidence that contradicts the false allegations. If necessary, you can request the court to compel your co-owner to act reasonably, such as listing the property for sale as you have discussed. If the harassment continues, you may also be able to seek relief through legal action to stop it.
Since the situation involves legal action and property disputes, consulting with an attorney could be helpful in ensuring that your rights are protected. They can assist with responding to the partition action and help you navigate the legal process to achieve a fair resolution.
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