Florida Statute 64.209 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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F.S. 64.209

64.209 Considerations for partition in kind.—

(1) In determining under s. 64.208(1) whether partition in kind would result in prejudice to the cotenants as a group, the commissioners shall consider the following:

(a) Whether the heirs property practicably can be divided among the cotenants.

(b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.

(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.

(d) A cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.

(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.

(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property.

(g) Any other relevant factor.

(2) The commissioners may not consider any one factor in subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.

History.—s. 2, ch. 2020-55.

F.S. 64.209 on Google Scholar

F.S. 64.209 on Casetext

Amendments to 64.209

Arrestable Offenses / Crimes under Fla. Stat. 64.209

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 64.209.

Annotations, Discussions, Cases:

Cases Citing Statute 64.209

Total Results: 1

In the Interest of MY

Court: District Court of Appeal of Florida | Date Filed: 1964-04-08

Citation: 162 So. 2d 551, 1964 Fla. App. LEXIS 4655

Snippet: CARROLL, Judge. This is an appeal from an order of the juvenile court of Dade County relating to custody of children. The two children involved are hoys, aged five and two years. The marital domicile of their parents was North Carolina. The mother brought the children to Dade County, Florida, where she took up residence with her parents. Shortly after arriving here she filed a petition in the juvenile court charging that her non-resident husband was unfit to have custody of the children and seeking