What are partition actions?
You may be unfamiliar with the term, "partition action" but the concept is simple. It usually refers to ownership disputes over real estate or property
When two or more parties co-own land together and cannot agree on how it should be used or allocated, they file a partition action to leave that decision up to a court. The outcome could favor one co-owner over the other, or a judge may decide to sell the land and split the assets between owners.
Under Florida law, the partition action must generally be heard in a court within the county where the land is located.
How Do These Apply To Oral Cohabitation Agreements?
For couples who were legally married and are now getting divorced, state divorce laws govern division of property. Florida is an “equitable distribution” state, meaning that marital assets must be divided equitably (but not always equally) in divorce.
Unmarried couples are not protected by divorce laws. It is common for such couples to build a life together and make promises to care for each other, only to have one partner later decide to leave and attempt to keep property that was jointly owned.
Partition actions are the primary legal mechanism for dividing real and personal property in cases where an unmarried couple had an oral cohabitation agreement in place.
Kenneth E. Keechl, PA, is one of Florida’s leading law firms on the subject of oral cohabitation agreements. Because same-sex marriage was illegal until recently, oral cohabitation agreements are particularly prominent among members of Florida’s LGBTQ community. Our firm is proud to take on such cases and to help those who were disenfranchised by traditional marriage and divorce laws.
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