Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 64.041 | Lawyer Caselaw & Research
F.S. 64.041 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 64.041

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 64
PARTITION OF PROPERTY
View Entire Chapter
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 from cite.case.law:

SALAZAR, v. M. GIRALDO,, 190 So. 3d 248 (Fla. Dist. Ct. App. 2016)

. . . Section 64.041, Florida Statutes (2015), provides that a complaint in partition “shall allege a description . . . To me, Former Wife’s pleading substantially complied with section 64.041. Cf. Savage v. . . . complaint, though lacking a legal description of the property, substantially'complied with section 64.041 . . .

K. BRENNAN, v. BRENNAN,, 184 So. 3d 583 (Fla. Dist. Ct. App. 2016)

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

BRENNAN, v. K. BRENNAN,, 122 So. 3d 923 (Fla. Dist. Ct. App. 2013)

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

GERACI, Jr. v. GERACI,, 963 So. 2d 904 (Fla. Dist. Ct. App. 2007)

. . . Section 64.041 sets forth what must be included in a complaint seeking partition. . . .

M. WIGGINTON, v. L. WIGGINTON,, 575 So. 2d 233 (Fla. Dist. Ct. App. 1991)

. . . See § 64.041, Fla.Stat. (1989). . . .

H. SAVAGE, Sr. v. G. SAVAGE,, 556 So. 2d 1213 (Fla. Dist. Ct. App. 1990)

. . . We hold that the husband’s plea for partition substantially complied with section 64.041, Florida Statutes . . .

HARRELL, v. W. HARRELL,, 515 So. 2d 1302 (Fla. Dist. Ct. App. 1987)

. . . proper supplemental complaint containing the essential allegations and notice requirements of section 64.041 . . .

DAVIS, v. DIEUJUSTE,, 496 So. 2d 806 (Fla. 1986)

. . . These rights could properly be raised in an action for partition pursuant to section 64.041, Florida . . . It is true, as petitioner points out, that section 64.041, Florida Statutes, contemplates that a co-tenant . . . those portions of the Pawley and Blanchard opinions which conflict with our holding in Cooper. . § 64.041 . . . Section 64.041, Florida Statutes, contemplates that the interests of the co-owners are not necessarily . . .

J. JOHNSON, v. A. JOHNSON,, 454 So. 2d 797 (Fla. Dist. Ct. App. 1984)

. . . Thus, her request for partition did not conform to the requirement of Section 64.041, Florida Statutes . . .

L. COVIN, v. R. COVIN, a k a, 403 So. 2d 490 (Fla. Dist. Ct. App. 1981)

. . . complaint requesting partition and containing the essential allegations and notice requirements of Section 64.041 . . .

W. LAMBERT, Jr. v. LAMBERT,, 403 So. 2d 484 (Fla. Dist. Ct. App. 1981)

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

D. WEIDER, v. WEIDER,, 402 So. 2d 66 (Fla. Dist. Ct. App. 1981)

. . . In order to justify an award of partition, the pleadings must conform to the requirements of Section 64.041 . . .

P. BULLARD, v. B. BULLARD,, 380 So. 2d 1090 (Fla. Dist. Ct. App. 1980)

. . . Bullard’s amended complaint properly prayed for partition under Sec. 64.041, Fla.Stat. (1977), and Mrs . . .

ROBINSON, v. ROBINSON,, 366 So. 2d 1210 (Fla. Dist. Ct. App. 1979)

. . . 1) a special equity, or (2) lump sum alimony, or (3) the right to partition under Florida Statute § 64.041 . . .

E. SANDERS, v. L. SANDERS,, 351 So. 2d 1126 (Fla. Dist. Ct. App. 1977)

. . . seeking division of the property does not set forth the required allegations as set forth in Section 64.041 . . .

S. BAGGETT, v. J. BAGGETT,, 347 So. 2d 1063 (Fla. Dist. Ct. App. 1977)

. . . establishes (1) special equity, (2) lump sum alimony, or (3) by a prayer for partition as provided in Section 64.041 . . .

C. CARLSEN, v. CARLSEN,, 346 So. 2d 132 (Fla. Dist. Ct. App. 1977)

. . . ’s counter-petition substantially complied with the allegations required for partition (See Section 64.041 . . .

A. PANTUSO, v. P. PANTUSO,, 335 So. 2d 361 (Fla. Dist. Ct. App. 1976)

. . . amended complaint requesting partition contained the necessary allegations and notice as required by § 64.041 . . .

BAKER, Jr. v. B. BAKER,, 315 So. 2d 217 (Fla. Dist. Ct. App. 1975)

. . . Webb, 156 So.2d 698 (3 Fla.App.1963); (3) prayer for partition as provided in Florida Statute 64.041 . . .