64.071

Sale where nondivisible.

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64.071 Sale where nondivisible.—

(1) ORDER OF SALE.—If the commissioners report that the lands of which partition is directed are so situated that partition cannot be made without prejudice to the owners and if the court is satisfied that such report is correct, the court may order the land to be sold at public auction to the highest bidder by the commissioners or the clerk and the money arising from such sale paid into the court to be divided among the parties in proportion to their interest.

(2) CONDITIONS OF SALE.—For good cause the court may order the sale made on reasonable credit for part or all of the purchase money, but at least one-third of the purchase money shall be paid down unless all parties consent to credit otherwise. The purchase money not paid down shall be secured by a mortgage on the land and such other security as the court directs.

(3) CONFIRMATION OF SALE AND CONVEYANCE.—The sale shall be reported to the court, unless sold by the clerk under s. 45.031, and the money arising therefrom paid into court and the sale approved by the court and a conveyance ordered before any conveyance pursuant to the sale is made.

History.—ss. 8, 9, 10, Mar. 14, 1844; RS 1496; GS 1945; RGS 3208; CGL 5000; s. 19, ch. 67-254.

Note.—Former s. 66.07.

Notes of Decisions

Cited in 18 cases (4 in the last 5 years), 1969–2026 · leading case: Bucacci v. Boutin

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Bucacci v. Boutin (2006) fladistctapp · cites it 4× “We agree with Bucacci on these points, and remand with directions that the property be sold by the clerk of the circuit court at a public auction pursuant to section 64.071 of the Florida Statutes, that an accounting be had to properly allocate and adjust the contributions and…”

Marks v. Stein (2015) fladistctapp · cites it 9× “If a sale of the Property is concluded on or before June 30, 2014, the net proceeds shall be deposited with the Court to await disposition by the Court pursuant to Section 64.071, Florida Statutes (2013). 7.”

Ark Land Co. v. Harper (2004) wva · cites it 2× “§ 16-2901 (Lexis 2001); Fla. Stat. Ann. § 64.071 (West 1997); Ga.”

Biondo v. Powers (1999) fladistctapp · cites it 3× “He maintains that because he and Powers each had a 50% interest in the property, the sales proceeds should have been divided equally between them pursuant to section 64.071(1), Florida Statutes (1997).”

O'DONNELL v. Marks (2002) fladistctapp · cites it 2× “Accordingly, we reverse and remand to the trial court for sale of the property pursuant to section 64.071, Florida Statutes (1999), and allocation of the proceeds of that sale in accordance with the principles set forth in this opinion.”

Griffiths v. Griffiths (1990) fladistctapp · cites it 2× “1988); § 64.071(1), Fla. Stat. (1989). The wife concedes, however, that the final judgment must be amended to delete an erroneous reference to foreclosure.”

Miller v. Partin (2010) fladistctapp · cites it 2× “The appellees for this reason asked for a partition sale pursuant to section 64.071, Florida Statutes (2007), and claimed that a sale would not be prejudicial to Mr.”

Melnick v. Press (2011) nyed “”); Fla. Stat. § 64.071 (setting procedures for sale of property for which partition cannot be made without prejudice to the owners); Schroeder v.”

Lambert v. Lambert (1981) fladistctapp “" Section 64.071. It has been observed that a judicial sale which is conducted to carry out the provisions of a suit for partition is governed by the same general provisions as a suit for foreclosure.”

Geraci v. Geraci (2007) fladistctapp · cites it 4× “[1] *907 Finally, section 64.071 is entitled "Sale where nondivisible.”

Sanders v. Sanders (1977) fladistctapp · cites it 2× “061, Florida Statutes (1975), *1127 nor does it provide for the manner and conditions of sale pursuant to Section 64.071, Florida Statutes (1975). We reject Mr.”

Thompson v. Mitchell (1983) fladistctapp “…you would get from that property? A. I don’t know. Q. You don’t even know? A. No. Q. No further questions. . See § 64.071, Florida Statutes.”

Show all 18 citing cases →

— 64.071(1) — 5 cases

Biondo v. Powers (1999) fladistctapp “He maintains that because he and Powers each had a 50% interest in the property, the sales proceeds should have been divided equally between them pursuant to section 64.071(1), Florida Statutes (1997).”

Griffiths v. Griffiths (1990) fladistctapp “1988); § 64.071(1), Fla. Stat. (1989). The wife concedes, however, that the final judgment must be amended to delete an erroneous reference to foreclosure.”

Bucacci v. Boutin (2006) fladistctapp “We agree with Bucacci on these points, and remand with directions that the property be sold by the clerk of the circuit court at a public auction pursuant to section 64.071 of the Florida Statutes, that an accounting be had to properly allocate and adjust the contributions and…”

Geraci v. Geraci (2007) fladistctapp “[1] *907 Finally, section 64.071 is entitled "Sale where nondivisible.”

Marks v. Stein (2015) fladistctapp “If a sale of the Property is concluded on or before June 30, 2014, the net proceeds shall be deposited with the Court to await disposition by the Court pursuant to Section 64.071, Florida Statutes (2013). 7.”

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