Confronting Property Disputes Among Relatives: The Florida Uniform Partition of Heirs Property Act

Family disputes are never pleasant, especially when they involve property disputes involving property jointly owned by relatives. Thankfully, Florida Law provides a means for these property disputes to be resolved through what is known as the “Uniform Partition of Heirs Property Act.” (If you’re facing a similar dispute with a co-owner who isn’t a relative, have a look at our article on Florida Partition Actions for more information here.)

What is Heirs Property?

Florida law defines “heirs property” as real property held in tenancy in common under the following conditions:

(1) There is no agreement in a record binding all the cotenants which governs the partition of the property;

(2) One or more of the cotenants acquired title from a relative, whether living or deceased; and

(3) Any of the following applies:

(a) Twenty percent or more of the interests are held by cotenants who are relatives;

(b) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(c) Twenty percent or more of the cotenants are relatives.

• 64.202(6), Fla. Stat.

Resolving Partition Actions

If the court finds that the property is “heirs property” it can: order a partition sale of the property (if non-divisible); order a partition in kind of the property (if divisible); or help arrange for the buy-out of the interest of the owner seeking partition.

For more information on property disputes and partition actions, contact one of our experienced litigation attorneys at (305) 570-2208. You can also email our attorney Ryan M. Sawal directly at rsawal@ayalalawpa.com.

We at Ayala Law P.A. are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.