In family law, property division often presents complex issues when unmarried parents or former partners jointly own real estate. When co-owners cannot agree on the sale or disposition of property, Florida law allows one party to seek partition through the courts. However, even when parties reach an agreement to sell the property privately, that arrangement must still comply with statutory requirements and judicial oversight. A recent decision from a Florida court demonstrates that when a trial court approves a private sale in a partition action, the final judgment must include a fixed and reasonable time frame for completion of the sale, subject to court approval. If the property is not sold within that time, the court must order a judicial sale in accordance with chapter 64 of the Florida Statutes. If you are involved in a dispute over jointly owned property, a Miami family law attorney can help ensure that your rights are protected during the partition process.
Factual and Procedural Background
It is reported that the plaintiff filed a paternity action that also involved issues of timesharing and jointly owned property. The defendant counterclaimed for partition of the real property that both parties owned together. The trial court conducted proceedings addressing both the parenting and property issues. Following those proceedings, the trial court entered a final judgment that established the parties’ timesharing arrangement and ordered partition of their jointly held property.
Allegedly, the trial court approved a plan for the parties to sell the property privately, rather than through a judicial sale. The record reflects that both parties voluntarily agreed to attempt a private sale and sought to avoid the costs and procedural requirements associated with a court-supervised sale. The judgment, however, did not include a specific time limit for the sale or provide for court involvement if the sale failed to occur within a reasonable period.
It is reported that the plaintiff appealed the trial court’s ruling, challenging both the timesharing determination and the terms of the partition judgment. The plaintiff argued that the final judgment failed to include sufficient safeguards or deadlines to ensure that the private sale would be completed in a timely manner.
Property Partitions in Divorce Actions
On appeal, the court reviewed the final judgment and found no reversible error in the trial court’s timesharing determination. The court affirmed that portion of the judgment without further discussion. However, the court agreed with the plaintiff that the portion of the judgment governing the property’s partition required modification.
The court explained that when parties agree to a private sale of jointly owned property in a partition action, the sale remains subject to the court’s approval. The judgment must also provide a specific and reasonable period during which the private sale can take place. If the sale is not consummated within that period, the law requires that the court order a judicial sale under Chapter 64 of the Florida Statutes.
In reaching its decision, the court relied on established precedent, including Marks v. Stein, 160 So. 3d 502 (Fla. 2d DCA 2015). In Marks, the court held that even when parties reach an agreement to conduct a private sale, the trial court must retain jurisdiction to ensure the process is carried out fairly and efficiently. Without a definite time frame, a private sale agreement can result in delay, uncertainty, or unequal treatment among co-owners.
The court emphasized that judicial oversight serves two purposes: ensuring compliance with the law and protecting the interests of both parties. By remanding the case, the court directed the trial court to amend the final judgment to specify a reasonable time frame for the private sale. The judgment must also state that if the property is not sold within that period, the court shall order a judicial sale consistent with chapter 64.
Consult a Knowledgeable Miami Divorce Attorney
When former partners or co-parents jointly own property, disputes about sale or ownership can complicate both family and financial stability. Florida law provides structured procedures to resolve these issues, but those procedures must be carefully followed. If you are involved in a paternity or property dispute, The Law Offices of Sandy T. Fox, P.A. can help. Our experienced Miami divorce attorneys represent clients in partition actions, property disputes, and all aspects of family law throughout South Florida. Call us at 800-596-0579 or contact us online to schedule