Florida Statute 64.041 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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F.S. 64.041

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.

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Amendments to 64.041

Annotations, Discussions, Cases:

Cases Citing Statute 64.041

Total Results: 20

Davis v. Dieujuste

496 So. 2d 806, 11 Fla. L. Weekly 529

Supreme Court of Florida | Filed: Oct 16, 1986 | Docket: 2508981

Cited 22 times | Published

raised in an action for partition pursuant to section 64.041, Florida Statutes (1977), or in a dissolution-related

Farrington v. Farrington

390 So. 2d 461

District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 1503990

Cited 13 times | Published

pleadings do not meet the requirements for partition. § 64.041, Fla. Stat. (1975). Second, no valid reason to

Lambert v. Lambert

403 So. 2d 484

District Court of Appeal of Florida | Filed: Aug 13, 1981 | Docket: 1250797

Cited 9 times | Published

supra. Because he met the pleading requirements of § 64.041 governing partition, see Cyphers v. Cyphers, 373

Robinson v. Robinson

366 So. 2d 1210

District Court of Appeal of Florida | Filed: Jan 25, 1979 | Docket: 1227212

Cited 9 times | Published

(3) the right to partition under Florida Statute § 64.041. The term "special equities" justifying an award

Carlsen v. Carlsen

346 So. 2d 132

District Court of Appeal of Florida | Filed: May 25, 1977 | Docket: 1734059

Cited 9 times | Published

the allegations required for partition (See Section 64.041, Florida Statutes [1975]). It was therefore

Covin v. Covin

403 So. 2d 490

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 1250657

Cited 8 times | Published

essential allegations and notice requirements of Section 64.041 is necessary. Farrington v. Farrington, 390

Marianne K. Brennan v. Daniel Joseph Brennan

184 So. 3d 583, 2016 Fla. App. LEXIS 1053, 2016 WL 313958

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031159

Cited 7 times | Published

Where a request for partition complies with section 64.041, Florida Statutes (2010), and is not contested

Savage v. Savage

556 So. 2d 1213, 1990 WL 12765

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 775955

Cited 7 times | Published

plea for partition substantially complied with section 64.041, Florida Statutes (1987), and due process was

Brennan v. Brennan

122 So. 3d 923, 2013 WL 5450946, 2013 Fla. App. LEXIS 15519

District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60234806

Cited 6 times | Published

Where a request for partition complies with section 64.041, Florida Statutes (2010), and is not contested

Weider v. Weider

402 So. 2d 66

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 1313158

Cited 3 times | Published

pleadings must conform to the requirements of Section 64.041, Florida Statutes (1979). Niemann v. Niemann

Sanders v. Sanders

351 So. 2d 1126

District Court of Appeal of Florida | Filed: Nov 16, 1977 | Docket: 1671581

Cited 3 times | Published

forth the required allegations as set forth in Section 64.041, Florida Statutes (1975). Furthermore, the

Harrell v. Harrell

515 So. 2d 1302, 12 Fla. L. Weekly 2580, 1987 Fla. App. LEXIS 11040, 1987 WL 1345

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64631153

Cited 2 times | Published

essential allegations and notice requirements of section 64.041, Florida Statutes. Absent that petition, the

Baker v. Baker

315 So. 2d 217

District Court of Appeal of Florida | Filed: Jun 30, 1975 | Docket: 439911

Cited 2 times | Published

(3) prayer for partition as provided in Florida Statute 64.041 (1973). Appellee testified that upon dissolution

Salazar v. Giraldo

190 So. 3d 248, 2016 WL 2596051, 2016 Fla. App. LEXIS 6979

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063751

Cited 1 times | Published

governed by chapter 64 of the Florida Statutes. Section 64.041, Florida Statutes (2015), provides that a complaint

Wigginton v. Wigginton

575 So. 2d 233, 1991 Fla. App. LEXIS 676, 1991 WL 9380

District Court of Appeal of Florida | Filed: Feb 1, 1991 | Docket: 64656591

Cited 1 times | Published

setting forth a proper claim for partition. See § 64.041, Fla.Stat. (1989). The judgment of partition,

Christopher T. Knott v. Tracey L. Knott

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135353

Published

marital home. The court was incorrect. Section 64.041, Florida Statutes (2019), requires that the

Geraci v. Geraci

963 So. 2d 904, 2007 WL 2403787

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 2524326

Published

interpretation of several provisions of chapter 64. Section 64.041 sets forth what must be included in a complaint

Johnson v. Johnson

454 So. 2d 797, 9 Fla. L. Weekly 1893, 1984 Fla. App. LEXIS 14795

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 64606487

Published

partition did not conform to the requirement of Section 64.041, Florida Statutes (1983). The trial court therefore

Baggett v. Baggett

347 So. 2d 1063, 1977 Fla. App. LEXIS 16243

District Court of Appeal of Florida | Filed: Jun 29, 1977 | Docket: 64559466

Published

(3) by a prayer for partition as provided in Section 64.041, Florida Statutes (1973). The courts have also

Pantuso v. Pantuso

335 So. 2d 361, 1976 Fla. App. LEXIS 13887

District Court of Appeal of Florida | Filed: Jul 21, 1976 | Docket: 64554527

Published

necessary allegations and notice as required by § 64.041, F.S.1975, relating to partition. Further, defendant-appel-lee