Florida Partition Lawsuit
(Sample Complaint)
IN THE COUNTY COURT OF THE 7th JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY, FLORIDA
CR. SHEK
CASE NO.:
Plaintiff,
v.
DA DOSS,
Defendant.
__________________________________/
Verified Complaint for Partition
Plaintiff, CR. SHEK, files this Verified Complaint for Partition against Defendant, DA DOSS SHENK, and alleges:
1. This is an action for partition of real property instituted pursuant to Chapter 64, Fla. Stat.
2. The real property (“property”) that is subject of this action is located in Volusia County, Florida, and is more particularly described as follows:
LOT 9, AROR RIDGE UNIT 28, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 149, PAGES 13 AND 14, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
3. The property address is 38 Verbea Court, Deltona, FL 32725.
4. The property was purchased by Plaintiff and Defendant on March 7, 202_, which was prior to their marriage, as joint tenants with rights of survivorship.
5. After the parties were married on November 4, 202_, the Plaintiff and Defendant signed a deed on November 2, 202_, transferring the property to the parties as tenants by the entirety.
6. On May 14, 202_, the Plaintiff and Defendant were divorced. However, the final dissolution of marriage did not “distribute” the subject property. As such and as a result of the operation of law, the subject property is now owned by the Plaintiff and Defendant as tenants in common, with each party owning a 50% interest in the property.
7. Neither party currently resides at the property.
8. Defendant resided at the property for a period after the dissolution, but she has abandoned the property.
9. The property and the parties are involved in a mortgage foreclosure action currently pending in the Circuit Court of Volusia County, Case No. 202_-11XXXXXX CDIL. The Plaintiff, CR. SHEK, executed the promissory note. Both parties executed the mortgage on the property.
10. The property sought to be partitioned is indivisible.
11. The Plaintiff has been attempting to effectuate a (short) sale of the property acceptable to the Plaintiff in the foreclosure action (mortgage) and he has repeatedly requested the Defendant to cooperate. Defendant has ignored Plaintiff’s requests.
12. A private sale, even a short sale, would not be prejudicial to the interests of the Defendant.
13. The prosecution of this partition action is for the common benefit of the Plaintiff and the Defendant.
14. Plaintiff has retained the undersigned law firm to represent him in this action and has agreed to pay his attorney a reasonable fee for its services, which should be borne, at least in part, by the Defendant, pursuant Chapter 64, Fla. Stat.
WHEREFORE, Plaintiff respectfully requests the Court to:
a. Order the private sale, even a short sale if approved by the mortgagee of the property, and distribute the proceeds thereof among Plaintiff and Defendant as their interests appear; and
b. Order that Plaintiff’s reasonable attorney’s fees and costs incurred in this action be paid from the proceeds of the sale, or by the Defendant, with each party bearing a proportionate share thereof pursuant to Chapter 64, Fla. Stat.
WHEREFORE, Plaintiff demands judgment for the relief requested herein.
SACKRIN & TOLCHINSKY, P.A.
Attorney for Plaintiff
2100 East Hallandale Beach Blvd./Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 458-8655
Facsimile: (954) 455-9649
alan@hallandalelaw.com
By: ______________________________
LARRY TOLCHINSKY/ALAN D. SACKRIN
Florida Bar No. xxxxxx
VERIFICATION
Under penalties of perjury, I declare that I have read the foregoing and that the facts alleged are true and correct to the best of my knowledge and belief.
Signed this ____ day of _________________, 202__.
________________________________
CR. SHEK, Plaintiff
STATE OF _______________
COUNTY OF _____________
The foregoing instrument was acknowledged before me this ____ th day of August, 202_ by CR. SHEK who is personally known to me (yes or no) or who has produced a _________ as identification.
_________________________________
Notary Public
My commission expires:
SACKRIN & TOLCHINSKY, P.A
2100 East Hallandale Beach Blvd./Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 458-8655
Facsimile: (954) 455-9649
By:______________________________
LARRY TOLCHINSKY/ALAN D. SACKRIN
This is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon in any partition lawsuit. It is being shown for illustrative purposes only. We recommend and urge you to consult with an experienced real estate lawyer for professional advice as each case is unique.
To learn more read Larry Tolchinsky’s partition lawsuit article.