The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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F.S. 64.202

64.202 Definitions.—As used in this part, the term:

(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual’s ascendant or descendant.

(3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual.

(4) “Determination of value” means a court order determining the fair market value of heirs property under s. 64.206 or s. 64.210 or adopting the valuation of the property agreed to by all cotenants.

(5) “Equitable accounting” means considering contributions and adjustments of accounts between cotenants, which are related to the real property and are based upon such contributions and adjustments, s. 64.081, and common law.

(6) “Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:

(a) There is no agreement in a record binding all the cotenants which governs the partition of the property;

(b) One or more of the cotenants acquired title from a relative, whether living or deceased; and

1. Twenty percent or more of the interests are held by cotenants who are relatives;

2. Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

3. Twenty percent or more of the cotenants are relatives.

(7) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by open-market sale, sealed bids, or auction conducted under s. 64.210.

(8) “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.

(9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.

History.—s. 2, ch. 2020-55.

F.S. 64.202 on Google Scholar

F.S. 64.202 on Casetext

Amendments to 64.202

Arrestable Offenses / Crimes under Fla. Stat. 64.202

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 64.202.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In SAINT JOSEPH S HOSPITAL,, 126 B.R. 37 (Bankr. E.D. Pa. 1991)

. . . The court, id. at 292, quoted, however, from 3A COLLIER ON BANKRUPTCY, § 64.202 at 2120 (14th ed. 1975 . . .

In WHEELING- PITTSBURGH STEEL CORPORATION,, 113 B.R. 187 (Bankr. W.D. Pa. 1990)

. . . Chapter XI operations were costs of administration under § 64(a)(1), citing 3A Collier on Bankruptcy, ¶ 64.202 . . .

In LYNNWEAR CORPORATION,, 28 B.R. 532 (Bankr. S.D.N.Y. 1983)

. . . .) ¶ 64.202. . . .

In SEVENTH AVENUE SOUTH, INC. t a, 10 B.R. 289 (Bankr. W.D. Va. 1981)

. . . .) § 64.202 at page 2120 is set forth an excellent statement of broad liberal construction which courts . . .

In FREEDOMEAND, INC., 480 F.2d 184 (2d Cir. 1973)

. . . and when he sends the checks out he surely has “control of the payment.” . 3A Collier on Bankruptcy U 64.202 . . .

L. E. DURAND, v. NATIONAL LABOR RELATIONS BOARD J. A. Jr. AFL- CIO P. C. In TURNEY WOOD PRODUCTS, INC., 296 F. Supp. 1049 (W.D. Ark. 1969)

. . . Collier On Bankruptcy, 14th Ed., W 64.202 [3] and cases there cited. . . .

CAPITAL SERVICE,, 136 F. Supp. 430 (S.D. Cal. 1955)

. . . . § 104, sub. a(l); Collier on Bankruptcy, 14th Ed., Yol. 3, Sec. 64, 105 p. 2069 at 2074; Sec. 64.202 . . .