64.091

Personalty.

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64.091 Personalty.—The laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and the proceedings therefor, as far as the nature of the property permits.

History.—RS 1498; GS 1947; RGS 3210; CGL 5002; s. 19, ch. 67-254.

Note.—Former s. 66.09.

Notes of Decisions

Cited in 7 cases, 1972–2005 · leading case: Solmo v. Friedman

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Solmo v. Friedman (2005) fladistctapp · cites it 2× “§ 64.091, Fla. Stat. However, for the reasons explained above, she is precluded from seeking alimony and attorney's fees because those issues were not preserved in the final judgment.”

Lambert v. Lambert (1981) fladistctapp · cites it 2× “See § 64.091, Fla. Stat. Also, a cotenant may bring an action against the other cotenant in possession who sells or disposes of property which is jointly held without the consent of the other cotenant.”

Muhlrad v. Muhlrad (1979) fladistctapp · cites it 2× “This reservation of jurisdiction as to the chattels is improper, since neither of the parties sought partition. We believe that the same due process afforded for partition of real estate held by tenants by the entireties should be afforded for partition of personalty held as…”

Harvey v. Mattes (1986) fladistctapp · cites it 4× “See section 64.091, Florida Statutes (1985) which provides that: Partition of property; personalty.”

Rankin v. Rankin (1972) fladistctapp “We believe that the same due process afforded for the partition of real estate held by tenants by the entireties should be afforded for partition of personalty held as tenants by the entireties and that Florida Statute § 64.091 so provides. In Sistrunk v. Sistrunk, Fla.”

Toby v. Toby (1973) fladistctapp “The Appellant's answer requesting the division of certain properties does not meet the requirements for partition set forth in Florida Statute § 64.091, F.S.A. In Pearson v. Pearson, 213 So.”

Reed v. Fink (1972) fladistctapp · cites it 4× “The appellees’ motion to transfer is supported by the argument that F.S.A. § 64.091 provides : “The law applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property, and the proceedings therefor, aj far…”

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