CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1993 WL 303094
...partition of the marital home that was built on his separately owned lot, and in awarding her exclusive use and possession of the marital home pending partition. The husband argues that the wife is not an interested party entitled to partition under section 64.031, Florida Statutes, because she failed to establish an ownership interest in the marital home sufficient to invoke the court's jurisdiction for partition....
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Cited as authorityKumar (2012)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1860
...Thompson, Thompson on Real Property § 1822 (1979). The general rule, in the absence of a statute to the contrary, is that a life tenant cannot maintain partition against the remaindermen. Thompson, § 1824. In Florida a partition action is governed by section 64.031, Florida Statutes (1983), which provides that "the action may be filed by one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided." The Florida statute has been narrowly construed....
...Knox,
157 Fla. 896,
27 So.2d 419 (Fla. 1946), the supreme court held that one remainderman is not entitled to partition against the other where there is an outstanding life estate, because such a right of partition is not specifically granted by statute. Section
64.031 refers to joint ownership of lands to be partitioned....
...See also Restatement of Property §§ 126, 172 (1936). The decisions from Georgia, Alabama and Rhode Island, cited by appellant in support of her position, rely on specific statutes of those states. They do not parallel the Florida statute and are, therefore, not persuasive in our construction of section 64.031....
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Cited as authoritySims (1996)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...Smith, The Law of Future Interests § 1764 (2d ed. 1956). Partition is now provided for and regulated by statute in almost every state. 4 G. Thompson, Thompson on Real Property, § 1822 (1979). Chapter 64, Florida Statutes (1987) governs partition in this state and section 64.031 provides that "the action may be filed by one or more of several joint tenants, *709 tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided." As noted in Garcia-Tunon, t...
...Garcia-Tunon considered the reverse situation and held that just as a remainderman cannot secure partition against another remainderman while the life estate is outstanding, neither can a life tenant seek partition against the remaindermen, because as between them, there is no joint interest. As explained by the court: Section 64.031 refers to joint ownership of lands to be partitioned....
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ApprovedWhite (1996)phrase: "approved in"
Cited as authorityPeters (1994)phrase: "rule_authority"
CopyCited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 676, 1991 WL 9380
...ovember 24, 1987. Chapter 64 of the Florida Statutes governs the procedures which must be followed in a partition action. Before a party may initiate a partition suit, the party must have an interest in the property that is susceptible to partition. § 64.031, Fla.Stat....
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Cited "but see"Preston (2001)phrase: "but see"
Cited as authorityPreston (2001)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2003 WL 22103456
...64 of the Florida Statutes. Under Chapter 64, a partition action may be brought by "any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided." § 64.031, Fla....
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CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2813, 1987 Fla. App. LEXIS 11476, 1987 WL 2333
...r. 3 Therefore, Lucille’s conveyance of her interest to Sandra severed the joint tenancy, extinguished the right of survivorship, and created a tenancy in common as between Sandra and Paul. A tenancy in common may be subject to a partition action. § 64.031, Fla....
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Cited as authorityMorales (2014)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1748, 1989 Fla. App. LEXIS 7187, 1989 WL 58153
...We conclude that no error has been shown by appellant. Affirmed. ON MOTION FOR CLARIFICATION Appellant’s motion for clarification of order on attorney’s fees is treated as a motion to enforce mandate and is granted. The appellee’s motion for attorney’s fees is granted only pursuant to section 64.031, Florida Statutes, and only against appellant Mildred Farrington individually....
CopyPublished | District Court of Appeal of Florida
partition action against whom is controlling. Section
64.031, Florida Statutes (2021), states: “The action
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 8055, 1996 WL 426384
PER CURIAM. The judgment below dismissing the appellants’ action for partition is affirmed because (a) there was no showing of a cotenancy on which to bottom such an action as required by section 64.031, Fla....
