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Florida Statute 64.071 | Lawyer Caselaw & Research
F.S. 64.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 64.071

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 64
PARTITION OF PROPERTY
View Entire Chapter
F.S. 64.071
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 from cite.case.law:

CRUSAW, E. k n a Jr. v. CRUSAW, O. C. M. C., 179 So. 3d 507 (Fla. Dist. Ct. App. 2015)

. . . special magistrate or the clerk to make sale of the property either at private sale or as provided by s. 64.071 . . .

MARKS, v. V. STEIN, C., 160 So. 3d 502 (Fla. Dist. Ct. App. 2015)

. . . net proceeds shall be deposited with the Court to await disposition by the Court pursuant to Section 64.071 . . . Court shall enter an Order requiring the sale of the Property at a public auction pursuant to Section 64.071 . . . In turn, section 64.071 prescribes the guidelines for a judicial sale of indivisible property. . . . .” § 64.071(1). . . . had three options for ordering a partition sale: (1) a judicial sale by public auction under section 64.071 . . .

MELNICK v. PRESS,, 809 F. Supp. 2d 43 (E.D.N.Y. 2011)

. . . . § 64.071 (setting procedures for sale of property for which partition cannot be made without prejudice . . .

MILLER, v. G. PARTIN,, 31 So. 3d 224 (Fla. Dist. Ct. App. 2010)

. . . The appellees for this reason asked for a partition sale pursuant to section 64.071, Florida Statutes . . .

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

. . . special magistrate or the clerk to make sale of the property either at private sale or as provided by s. 64.071 . . . Finally, section 64.071 is entitled “Sale where nondivisible.” . . . Section 64.071(1) provides: ORDER OF SALE. — If the commissioners report that the lands of which partition . . . the issue, at the end of which the trial court could order a sale by the clerk pursuant to section 64.071 . . . Section 64.071 is therefore not applicable in every partition procedure. . . .

BUCACCI, v. BOUTIN,, 933 So. 2d 580 (Fla. Dist. Ct. App. 2006)

. . . See § 64.071(1), Fla. . . . that the property be sold by the clerk of the circuit court at a public auction pursuant to section 64.071 . . . the proceeds thereafter be made to the parties in proportion to their interest pursuant to section 64.071 . . .

M. O DONNELL, v. C. MARKS,, 823 So. 2d 197 (Fla. Dist. Ct. App. 2002)

. . . Accordingly, we reverse and remand to the trial court for sale of the property pursuant to section 64.071 . . .

BIONDO, v. A. POWERS,, 743 So. 2d 161 (Fla. Dist. Ct. App. 1999)

. . . the property, the sales proceeds should have been divided equally between them pursuant to section 64.071 . . . the proceeds from such sale shall be divided among the parties in proportion to their interests. § 64.071 . . .

BURNETT, n k a v. BURNETT,, 742 So. 2d 859 (Fla. Dist. Ct. App. 1999)

. . . See § 64.05164.071, Fla. Stat. (1997); Chaney v. Chaney, 619 So.2d 440, 441 (Fla. 2d DCA 1993). . . .

DE SHLESINGER, v. DE SLEYZYNGER,, 653 So. 2d 1135 (Fla. Dist. Ct. App. 1995)

. . . See §§ 64.051, 64.061(4), 64.071, Fla.Stat. (1993). . . .

A. GRIFFITHS, v. L. GRIFFITHS,, 563 So. 2d 773 (Fla. Dist. Ct. App. 1990)

. . . Jones, 527 So.2d 244, 245 (Fla. 3d DCA), review denied, 536 So.2d 244 (Fla.1988); § 64.071(1), Fla.Stat . . .

ROSEN, v. MARLIN,, 486 So. 2d 623 (Fla. Dist. Ct. App. 1986)

. . . to file partition suits if the court should approve an installment sale as is authorized under Sec. 64.071 . . .

M. TRONCONI, v. TRONCONI,, 466 So. 2d 203 (Fla. 1985)

. . . Strauss, 3 So.2d 727, 148 Fla. 23 (1941); §§ 64.031, 64.071, Fla.Stat. (1983). . . .

THOMPSON, Jr. v. MITCHELL,, 429 So. 2d 388 (Fla. Dist. Ct. App. 1983)

. . . See § 64.071, Florida Statutes. . . .

OCCHUIZZO, v. PERLMUTTER De, 426 So. 2d 1060 (Fla. Dist. Ct. App. 1983)

. . . Citizens Bank of Guntersville, 282 Ala. 33, 208 So.2d 601 (1968); §§ 64.051, 64.071, 64.091, Fla.Stat . . .

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

. . . See Section 64.061 and 64.071(1), Florida Statutes. . . . Section 64.071. . . .

MARTIN, v. ESTATE RICKS, B. T., 363 So. 2d 636 (Fla. Dist. Ct. App. 1978)

. . . Sections 64.071 and 64.081, Florida Statutes (1977), set forth the procedures to be used in partition . . .

P. O MALLEY L. O v. E. McMULLEN,, 294 So. 2d 379 (Fla. Dist. Ct. App. 1974)

. . . Fla.Stat., § 64.071, F.S.A. . Stewart v. Hunter, 1913, 65 Fla. 325, 61 So. 623. . See Smith v. . . .

S. KEYES, Jr. v. RYMER REALTY CORPORATION, a a, 219 So. 2d 711 (Fla. Dist. Ct. App. 1969)

. . . instant case by the complaint and answer filed, that the trial judge should have proceeded under § 64.071 . . .

CARL HOLMER, JR. CHARLES H. CRANDON, PRESTON B. BIRD, HUGH PETERS, VAL C. CLEARY, v. STATE OF FLORIDA, JOSEPH S. STEWART, JAMES I. KELLER, JR. FRANK J. KELLEY, 158 Fla. 397 (Fla. 1947)

. . . allegations of the alternative writ but denied that if his certification was correct it would show 64.071 . . .