Florida Statutes

Fla. Stat. § 64.041 (2025)

Complaint.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

64.041 Complaint.—The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands according to the best knowledge and belief of plaintiff, the quantity held by each, and such other matters, if any, as are necessary to enable the court to adjudicate the rights and interests of the party. If the names, residence or quantity of interest of any owner or claimant is unknown to plaintiff, this shall be stated. If the name is unknown, the action may proceed as though such unknown persons were named in the complaint.

History.—s. 2, Mar. 14, 1844; RS 1493; GS 1942; RGS 3205; CGL 4997; s. 11, ch. 29737, 1955; s. 19, ch. 67-254.

Note.—Former s. 66.04.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1976–2024 · leading case: Davis v. Dieujuste, 496 So. 2d 806 (Fla. 1986).

Sort: Relevance Newest Treatment

Davis v. Dieujuste, 496 So. 2d 806 (Fla. 1986). · cites it 8× “The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, co-parceners, or other persons interested in the lands according to the best knowledge and belief of…”

Farrington v. Farrington, 390 So. 2d 461 (Fla. 3d DCA 1980). · cites it 2× “§ 64.041, Fla. Stat. (1975). Second, no valid reason to sell a successful business such as the barbecue, which serves as a substantial foundation of income, appears in the record.”

Brennan v. Brennan, 122 So. 3d 923 (Fla. 4th DCA 2013). · cites it 2× “Where a request for partition complies with section 64.041, Florida Statutes (2010), and is not contested by the opposing party, failure to divide the property is reversible error.”

Salazar v. Giraldo, 190 So. 3d 248 (Fla. 5th DCA 2016). · cites it 6× “I see no meaningful difference between the statutory pleading requirements of a partition action and the allegations contained in Former Wife’s pleading.”

Carlsen v. Carlsen, 346 So. 2d 132 (Fla. 2d DCA 1977). · cites it 2× “The husband's counterpetition substantially complied with the allegations required for partition ( See Section 64.041, Florida Statutes [1975]).”

Harrell v. Harrell, 515 So. 2d 1302 (Fla. 3d DCA 1987). · cites it 2× “The within personal property continues to be held as a tenancy in common subject to partition upon the filing of a proper supplemental complaint containing the essential allegations and notice requirements of section 64.041, Florida Statutes. Absent that petition, the court…”

Savage v. Savage, 556 So. 2d 1213 (Fla. 2d DCA 1990). · cites it 2× “We hold that the husband's plea for partition substantially complied with section 64.041, Florida Statutes (1987), and due process was achieved.”

Marianne K. Brennan v. Daniel Joseph Brennan, 184 So. 3d 583 (Fla. 4th DCA 2016). · cites it 2× “Where a request for partition complies with section 64.041, Florida Statutes (2010), and is not contested by the opposing party, failure to divide the property is reversible error.”

Johnson v. Johnson, 454 So. 2d 797 (Fla. 4th DCA 1984). · cites it 2× “Thus, her request for partition did not conform to the requirement of Section 64.041, Florida Statutes (1983). The trial court therefore had no authority to order partition of the home.”

Weider v. Weider, 402 So. 2d 66 (Fla. 4th DCA 1981). · cites it 2× “This disparity in the relative incomes of the parties warrants alimony in excess of that awarded by the trial court. We must also reverse that portion of the final judgment ordering partition.”

Covin v. Covin, 403 So. 2d 490 (Fla. 3d DCA 1981). “To obtain partition of real property, a complaint requesting partition and containing the essential allegations and notice requirements of Section 64.041 is necessary. Farrington v.”

Robinson v. Robinson, 366 So. 2d 1210 (Fla. 1st DCA 1979). “1st DCA 1975) held that a spouse may be awarded all or part of an estate by the entireties to the extent that such spouse establishes (1) a special equity, or (2) lump sum alimony, or (3) the right to partition under Florida Statute § 64.041. The term "special equities"…”

Show all 19 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.