Florida Statute 64.041 | Lawyer Caselaw & Research

The 2024 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.

F.S. 64.041 on Google Scholar

F.S. 64.041 on Casetext

Amendments to 64.041

Arrestable Offenses / Crimes under Fla. Stat. 64.041

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 64.041.

Annotations, Discussions, Cases:

Cases Citing Statute 64.041

Total Results: 20

Christopher T. Knott v. Tracey L. Knott

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

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

Salazar v. Giraldo

Court: District Court of Appeal of Florida | Date Filed: 2016-05-06

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

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

Marianne K. Brennan v. Daniel Joseph Brennan

Court: District Court of Appeal of Florida | Date Filed: 2016-01-27

Citation: 184 So. 3d 583, 2016 Fla. App. LEXIS 1053

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

Brennan v. Brennan

Court: District Court of Appeal of Florida | Date Filed: 2013-10-02

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

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

Geraci v. Geraci

Court: District Court of Appeal of Florida | Date Filed: 2007-08-24

Citation: 963 So. 2d 904, 2007 WL 2403787

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

Wigginton v. Wigginton

Court: District Court of Appeal of Florida | Date Filed: 1991-02-01

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

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

Savage v. Savage

Court: District Court of Appeal of Florida | Date Filed: 1990-02-16

Citation: 556 So. 2d 1213, 1990 WL 12765

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

Harrell v. Harrell

Court: District Court of Appeal of Florida | Date Filed: 1987-11-10

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

Snippet: allegations and notice requirements of section 64.041, Florida Statutes. Absent that petition, the court

Davis v. Dieujuste

Court: Supreme Court of Florida | Date Filed: 1986-10-16

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

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

Johnson v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1984-09-05

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

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

Covin v. Covin

Court: District Court of Appeal of Florida | Date Filed: 1981-08-18

Citation: 403 So. 2d 490

Snippet: allegations and notice requirements of Section 64.041 is necessary. Farrington v. Farrington, 390 So

Lambert v. Lambert

Court: District Court of Appeal of Florida | Date Filed: 1981-08-13

Citation: 403 So. 2d 484

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

Weider v. Weider

Court: District Court of Appeal of Florida | Date Filed: 1981-08-12

Citation: 402 So. 2d 66

Snippet: pleadings must conform to the requirements of Section 64.041, Florida Statutes (1979). Niemann v. Niemann, 294

Farrington v. Farrington

Court: District Court of Appeal of Florida | Date Filed: 1980-11-25

Citation: 390 So. 2d 461

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

Bullard v. Bullard

Court: District Court of Appeal of Florida | Date Filed: 1980-02-19

Citation: 380 So. 2d 1090

Snippet: complaint properly prayed for partition under Sec. 64.041, Fla. Stat. (1977), and Mrs. Bullard did not contest

Robinson v. Robinson

Court: District Court of Appeal of Florida | Date Filed: 1979-01-25

Citation: 366 So. 2d 1210

Snippet: the right to partition under Florida Statute § 64.041. The term "special equities" justifying an award

Sanders v. Sanders

Court: District Court of Appeal of Florida | Date Filed: 1977-11-16

Citation: 351 So. 2d 1126

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

Baggett v. Baggett

Court: District Court of Appeal of Florida | Date Filed: 1977-06-29

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

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

Carlsen v. Carlsen

Court: District Court of Appeal of Florida | Date Filed: 1977-05-25

Citation: 346 So. 2d 132

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

Pantuso v. Pantuso

Court: District Court of Appeal of Florida | Date Filed: 1976-07-21

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

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