Florida Statutes

Fla. Stat. § 64.091 (2025)

Personalty.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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, 909 So. 2d 560 (Fla. 4th DCA 2005).

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Solmo v. Friedman, 909 So. 2d 560 (Fla. 4th DCA 2005). · 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, 403 So. 2d 484 (Fla. 1st DCA 1981). · 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, 375 So. 2d 24 (Fla. 3d DCA 1979). · 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, 484 So. 2d 1382 (Fla. 5th DCA 1986). · cites it 4× “See section 64.091, Florida Statutes (1985) which provides that: Partition of property; personalty.”

Rankin v. Rankin, 258 So. 2d 489 (Fla. 2d DCA 1972). “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, 280 So. 2d 523 (Fla. 3d DCA 1973). “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, 259 So. 2d 729 (Fla. 3d DCA 1972). · 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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