Florida Statute 64.61 - 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. 64.061

64.061 Commissioners; special magistrate.—

(1) APPOINTMENT AND REMOVAL.—When a judgment of partition is made, the court shall appoint three suitable persons as commissioners to make the partition. They shall be selected by the court unless agreed on by the parties. They may be removed by the court for good cause and others appointed in their places.

(2) POWERS, DUTIES, COMPENSATION AND REPORT OF COMMISSIONERS.—The commissioners shall be sworn to execute the trust imposed in them faithfully and impartially before entering on their duties; have power to employ a surveyor, if necessary, for the purpose of making partition; be allowed such sum as is reasonable for their services; to make partition of the lands in question according to the court’s order and report it in writing to the court without delay.

(3) EXCEPTIONS TO REPORT AND FINAL JUDGMENT.—Any party may file objections to the report of the commissioners within 10 days after it is served. If no objections are filed or if the court is satisfied on hearing any such objections that they are not well-founded, the report shall be confirmed, and a final judgment entered vesting in the parties the title to the parcels of the lands allotted to them respectively, and giving each of them the possession of and quieting title to their respective shares as against the other parties to the action or those claiming through or under them.

(4) APPOINTMENT OF SPECIAL MAGISTRATE WHERE PROPERTY NOT SUBJECT TO PARTITION.—On an uncontested allegation in a pleading that the property sought to be partitioned is indivisible and is not subject to partition without prejudice to the owners of it or if a judgment of partition is entered and the court is satisfied that the allegation is correct, on motion of any party and notice to the others the court may appoint a special magistrate or the clerk to make sale of the property either at private sale or as provided by s. 64.071.

History.—ss. 5, 6, 7, 8, Mar. 14, 1844; RS 1495; GS 1944; RGS 3207; CGL 4999; s. 1, ch. 28200, 1953; s. 1, chs. 29685, 29928, 1955; s. 19, ch. 67-254; s. 55, ch. 2004-11.

Note.—Former s. 66.06.

F.S. 64.061 on Google Scholar

F.S. 64.061 on CourtListener

Amendments to 64.061

Annotations, Discussions, Cases:

Cases Citing Statute 64.061

Total Results: 16

Lambert v. Lambert

403 So. 2d 484

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

Cited 9 times | Published

the marital home was indivisible pursuant to Section 64.061(4). Therefore, on remand, the trial court should

Carlsen v. Carlsen

346 So. 2d 132

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

Cited 9 times | Published

v. Banfi, 123 So.2d 52 (Fla. 3d DCA 1960). Section 64.061(1) provides for appointment of three suitable

Rose v. Hansell

929 So. 2d 22, 2006 WL 398605

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1421568

Cited 6 times | Published

to partition without prejudice to its owners. § 64.061(4), Fla. Stat (2005); Thompson v. Mitchell, 429

Schroeder v. Lawhon

922 So. 2d 285, 2006 WL 305433

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 1282380

Cited 6 times | Published

Once a judgment for partition is entered, section 64.061 controls the applicable procedure. In pertinent

Judge v. Judge

370 So. 2d 833

District Court of Appeal of Florida | Filed: May 4, 1979 | Docket: 2588411

Cited 6 times | Published

partition and sale should proceed according to Section 64.061 et seq., Florida Statutes (1977). The award

TID Services, Inc. v. Dass

65 So. 3d 1, 2010 Fla. App. LEXIS 17638, 2010 WL 4628571

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2361345

Cited 3 times | Published

and to sell the property in accordance with section 64.061(4), Florida Statutes (2008). The circuit court

Sanders v. Sanders

351 So. 2d 1126

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

Cited 3 times | Published

as may be appropriate, in compliance with Section 64.061, Florida Statutes (1975), *1127 nor does it

Marks v. Stein

160 So. 3d 502, 2015 Fla. App. LEXIS 4025, 2015 WL 1259605

District Court of Appeal of Florida | Filed: Mar 20, 2015 | Docket: 60246876

Cited 2 times | Published

our analysis of the issue presented. Under section 64.061(4), where there is an uncontested allegation

Smith v. Smith

62 So. 3d 672, 2011 Fla. App. LEXIS 6433, 2011 WL 1705574

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 2511606

Cited 1 times | Published

pursuant to a final judgment of partition. See § 64.061(4), Fla. Stat. (2008). Our review is limited because

MYRA BLEW v. MICHAEL BLEW

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 67105302

Published

the trial court’s order fails to comply with section 64.061(4), Florida Statutes (2021), because the order

REYNALDO FRADERA vs EVELYN FRADERA

District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 68035069

Published

appointment of special magistrate pursuant to section 64.061(4), Florida Statutes (2021), to conduct a private

Crusaw v. Crusaw

179 So. 3d 507, 2015 Fla. App. LEXIS 17714, 2015 WL 7444186

District Court of Appeal of Florida | Filed: Nov 24, 2015 | Docket: 60251771

Published

moved .for - a sale of the property, and that section 64.061(4),.Flori-da Statutes, requires that a.party

Geraci v. Geraci

963 So. 2d 904, 2007 WL 2403787

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

Published

commissioners to consider the matter. We conclude that section 64.061(4), Florida Statutes (2005), authorizes such

Thompson v. Mitchell

429 So. 2d 388, 1983 Fla. App. LEXIS 18897

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 64596282

Published

not subject to partition in kind.1 Pursuant to § 64.061, Florida Statutes, a commission was appointed

Collins v. Collins

406 So. 2d 1233, 1981 Fla. App. LEXIS 21816

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 64586642

Published

be held in accordance with the mechanics of section 64.061 et seq. Florida Statutes (1979). See Carlsen

Keyes v. Rymer Realty Corp.

219 So. 2d 711, 1969 Fla. App. LEXIS 6194

District Court of Appeal of Florida | Filed: Mar 4, 1969 | Docket: 64508779

Published

finding constitutes substantial compliance with § 64.061(4), Fla.Stat., F.S.A.1 See also: Boley v. Skinner