Florida Statute 64.71 - 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. 64.071

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.

F.S. 64.071 on Google Scholar

F.S. 64.071 on CourtListener

Amendments to 64.071

Annotations, Discussions, Cases:

Cases Citing Statute 64.071

Total Results: 14

Biondo v. Powers

743 So. 2d 161, 1999 WL 966741

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1670156

Cited 12 times | Published

been divided equally between them pursuant to section 64.071(1), Florida Statutes (1997). This section provides

Griffiths v. Griffiths

563 So. 2d 773, 1990 WL 82449

District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 1281689

Cited 10 times | Published

DCA), review denied, 536 So.2d 244 (Fla. 1988); § 64.071(1), Fla. Stat. (1989). The wife concedes, however

Lambert v. Lambert

403 So. 2d 484

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

Cited 9 times | Published

the parties in proportion to their interest." Section 64.071. It has been observed that a judicial sale

O'DONNELL v. Marks

823 So. 2d 197, 2002 WL 1563621

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 458666

Cited 7 times | Published

court for sale of the property pursuant to section 64.071, Florida Statutes (1999), and allocation of

Bucacci v. Boutin

933 So. 2d 580, 2006 WL 1627456

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1711949

Cited 5 times | Published

purchaser as is presently prayed by Boutin. See § 64.071(1), Fla. Stat. (2001)(where the land is so situated

Sanders v. Sanders

351 So. 2d 1126

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

Cited 3 times | Published

the manner and conditions of sale pursuant to Section 64.071, Florida Statutes (1975). We reject Mr. Sanders'

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

await disposition by the Court pursuant to Section 64.071, Florida Statutes (2013). 7. If a sale of the

MYRA BLEW v. MICHAEL BLEW

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

Published

it order a judicial sale in compliance with section 64.071, Florida Statutes (2021). See § 64.061(4),

LISONEL PEREZ v. PEDRO A. JAIMOT AND MARILYN JAIMOT

District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123688

Published

private sale or public auction, as provided in section 64.071, Florida Statutes. Appellant timely appealed

Miller v. Partin

31 So. 3d 224, 2010 Fla. App. LEXIS 3378, 2010 WL 837863

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1151436

Published

reason asked for a partition sale pursuant to section 64.071, Florida Statutes (2007), and claimed that

Geraci v. Geraci

963 So. 2d 904, 2007 WL 2403787

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

Published

[1] *907 Finally, section 64.071 is entitled "Sale where nondivisible." Section 64.071(1) provides: ORDER

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

know? A. No. Q. No further questions. . See § 64.071, Florida Statutes.

O'Malley v. McMullen

294 So. 2d 379, 1974 Fla. App. LEXIS 7238

District Court of Appeal of Florida | Filed: Apr 19, 1974 | Docket: 64538852

Published

47 Am. Jur.2d, Judgments § 1085. . Fla.Stat., § 64.071, F.S.A. . Stewart v. Hunter, 1913, 65 Fla. 325

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

that the trial judge should have proceeded under § 64.071, Fla.Stat., rather than § 64.061, Fla.Stat., F