Florida Statute 64.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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F.S. 64.071

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 Casetext

Amendments to 64.071

Arrestable Offenses / Crimes under Fla. Stat. 64.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 64.071.

Annotations, Discussions, Cases:

Cases Citing Statute 64.071

Total Results: 20

ROBERT RACHON BROOKS vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-06-16

Snippet: interview. See, e.g., Washington v. State, 253 So. 3d 64, 71 (Fla. 1st DCA 2018) (affirming the denial of a

MYRA BLEW v. MICHAEL BLEW

Court: District Court of Appeal of Florida | Date Filed: 2023-03-29

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

REYNALDO FRADERA vs EVELYN FRADERA

Court: District Court of Appeal of Florida | Date Filed: 2022-11-04

Snippet: property either at private sale or as provided by s. 64.071.” § 64.061(4), Fla. Stat. (2022). Following the

ALINER J. HARRIS v. HGA-LAND HOLDINGS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-02-16

Snippet: property pursuant to sections 733.105(3), 64.051, and 64.071, Florida Statutes (2021). The partial

LISONEL PEREZ v. PEDRO A. JAIMOT AND MARILYN JAIMOT

Court: District Court of Appeal of Florida | Date Filed: 2021-08-11

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

Musa v. Wells Fargo Delaware Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2015-12-31

Citation: 181 So. 3d 1275, 2015 Fla. App. LEXIS 19559, 2015 WL 9584864

Snippet: also In re Wellington Resources Corp., 20 B.R. 64, 71 (Bankr.N.D.Texas 1982) (“[T]here is little doubt

Crusaw v. Crusaw

Court: District Court of Appeal of Florida | Date Filed: 2015-11-24

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

Snippet: property either at private sale or as provided by s. 64.071. Here, the trial court entered a stipulated final

Marks v. Stein

Court: District Court of Appeal of Florida | Date Filed: 2015-03-20

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

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

Miller v. Partin

Court: District Court of Appeal of Florida | Date Filed: 2010-03-12

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

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

Geraci v. Geraci

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

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

Snippet: property either at private sale or as provided by s. 64.071. In this case, the trial court relied upon this

Bucacci v. Boutin

Court: District Court of Appeal of Florida | Date Filed: 2006-06-14

Citation: 933 So. 2d 580, 2006 WL 1627456

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

O'DONNELL v. Marks

Court: District Court of Appeal of Florida | Date Filed: 2002-07-17

Citation: 823 So. 2d 197, 2002 WL 1563621

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

Witt v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-02-23

Citation: 780 So. 2d 946, 2001 Fla. App. LEXIS 2033, 2001 WL 173218

Snippet: United States v. X-Citement Video, Inc., 513 U.S. 64, [71], 115 S.Ct. 464, 469, 130 L.Ed.2d 372 (1994)(holding

Tampa Elec. Co. v. Garcia

Court: Supreme Court of Florida | Date Filed: 2000-04-20

Citation: 767 So. 2d 428, 2000 WL 422871

Snippet: her dissenting opinion to be helpful. Order at 64-71. The record also contains a relevant discussion

Biondo v. Powers

Court: District Court of Appeal of Florida | Date Filed: 1999-10-20

Citation: 743 So. 2d 161, 1999 WL 966741

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

Burnett v. Burnett

Court: District Court of Appeal of Florida | Date Filed: 1999-10-13

Citation: 742 So. 2d 859, 1999 WL 821249

Snippet: amounts to be awarded to each of them. See § 64.051-64.071, Fla. Stat. (1997); Chaney v. Chaney, 619 So.2d

De Shlesinger v. De Sleyzynger

Court: District Court of Appeal of Florida | Date Filed: 1995-04-26

Citation: 653 So. 2d 1135, 1995 Fla. App. LEXIS 4407, 1995 WL 238795

Snippet: as tenants in common. See §§ 64.051, 64.061(4), 64.071, Fla.Stat. (1993). Included within the partition

Conley v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-01-02

Citation: 592 So. 2d 723, 1992 WL 856

Snippet: Ed.2d 284 (1988); Chandler v. State, 366 So.2d 64, 71 (Fla. 3d DCA 1978) (defendants were properly *730

Griffiths v. Griffiths

Court: District Court of Appeal of Florida | Date Filed: 1990-06-19

Citation: 563 So. 2d 773, 1990 WL 82449

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-11-22

Snippet: Assessments s. 1. 7 Id. s. 2. 8 See generally, AGO 83-64; 71 Am.Jur.2d State and Local Taxation s. 11; 50 Fla