Florida/Georgia Personal Injury & Workers Compensation

...partition of the marital home that was built on his separately owned lot, and in awarding her exclusive use and possession of the marital home pending partition. The husband argues that the wife is not an interested party entitled to partition under section 64.031, Florida Statutes, because she failed to establish an ownership interest in the marital home sufficient to invoke the court's jurisdiction for partition....

...Thompson, Thompson on Real Property § 1822 (1979). The general rule, in the absence of a statute to the contrary, is that a life tenant cannot maintain partition against the remaindermen. Thompson, § 1824. In Florida a partition action is governed by section 64.031, Florida Statutes (1983), which provides that "the action may be filed by one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided." The Florida statute has been narrowly construed....

...Knox, 157 Fla. 896, 27 So.2d 419 (Fla. 1946), the supreme court held that one remainderman is not entitled to partition against the other where there is an outstanding life estate, because such a right of partition is not specifically granted by statute. Section 64.031 refers to joint ownership of lands to be partitioned....

...See also Restatement of Property §§ 126, 172 (1936). The decisions from Georgia, Alabama and Rhode Island, cited by appellant in support of her position, rely on specific statutes of those states. They do not parallel the Florida statute and are, therefore, not persuasive in our construction of section 64.031....

...64 of the Florida Statutes. Under Chapter 64, a partition action may be brought by "any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided." § 64.031, Fla....

...Smith, The Law of Future Interests § 1764 (2d ed. 1956). Partition is now provided for and regulated by statute in almost every state. 4 G. Thompson, Thompson on Real Property, § 1822 (1979). Chapter 64, Florida Statutes (1987) governs partition in this state and section 64.031 provides that "the action may be filed by one or more of several joint tenants, *709 tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided." As noted in Garcia-Tunon, t...

...Garcia-Tunon considered the reverse situation and held that just as a remainderman cannot secure partition against another remainderman while the life estate is outstanding, neither can a life tenant seek partition against the remaindermen, because as between them, there is no joint interest. As explained by the court: Section 64.031 refers to joint ownership of lands to be partitioned....

the property that is susceptible to partition. § 64.031, Fla.Stat. (1989). In this instance, from the

attorney’s fees is granted only pursuant to section 64.031, Florida Statutes, and only against appellant

partition action against whom is controlling. Section 64.031, Florida Statutes (2021), states: “The action

which to bottom such an action as required by section 64.031, Fla. Stat. (1995); see Weed v. Knox, 157 Fla

in common may be subject to a partition action. § 64.031, Fla. Stat. Florida law provides that costs, including