CopyCited 22 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 529
...ner alleges, she would not be barred from now bringing an action *809 placing in issue property rights which came into existence prior to the final judgment of dissolution. These rights could properly be raised in an action for partition pursuant to section 64.041, Florida Statutes (1977), or in a dissolution-related action, such as the one brought in the instant case, seeking to establish a special equity, Landay v....
...as the one brought in the instant case, and statutory partition proceedings, in which the petitioner seeks to establish that she is entitled to an ownership interest greater than fifty percent, are barred. It is true, as petitioner points out, that section 64.041, Florida Statutes, contemplates that a co-tenant seeking statutory partition may attempt to establish a greater ownership interest....
...The exceptions include waiver and estoppel, neither of which is at issue in the present case. See Condrey. Either tenant in common has the right to partition. Strauss; Smith v. Smith,
464 So.2d 1287 (Fla. 5th DCA 1985). The property does not have to be divided fifty percent to each owner. Section
64.041, Florida Statutes, contemplates that the interests of the co-owners are not necessarily equal because it requires an allegation stating the quantity of the interest of each owner....
...s actually litigated are settled with finality."
46 So.2d at 473 (citing Blanchard v. Stribling,
157 Fla. 10,
24 So.2d 713 (Fla. 1946). We recede from those portions of the Pawley and Blanchard opinions which conflict with our holding in Cooper. [4] §
64.041, Fla....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...Smith, supra . We therefore reverse the provisions pertaining to partition of the marital home. We find that the court committed error in ordering the business properties to be partitioned. First, the pleadings do not meet the requirements for partition. § 64.041, Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal
...The wife did not attempt to strike or dismiss the counterpetition, but rather she responded thereto denying the merits of the husband's claim for partition. The husband's counterpetition substantially complied with the allegations required for partition ( See Section 64.041, Florida Statutes [1975])....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Baker,
315 So.2d 217 (Fla. 1st DCA 1975) held that a spouse may be awarded all or part of an estate by the entireties to the extent that such spouse establishes (1) a special equity, or (2) lump sum alimony, or (3) the right to partition under Florida Statute §
64.041....
CopyCited 9 times | Published | Florida 1st District Court of Appeal
...Therefore, the lower court erred in refusing to modify the original decree to reflect that appellee no longer has the right to exclusive possession of the marital home. Lambert properly requested partition incident to his request to modify. See Horn, supra. Because he met the pleading requirements of § 64.041 governing partition, see Cyphers v....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Margolis,
343 So.2d 938 (Fla. 3d DCA 1977); Harder v. Harder,
264 So.2d 476 (Fla. 3d DCA 1972); Sistrunk v. Sistrunk, supra . To obtain partition of real property, a complaint requesting partition and containing the essential allegations and notice requirements of Section
64.041 is necessary....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 1053, 2016 WL 313958
...Moreover, even though the
trial court awarded equity in the marital home to Former Wife,
it failed to indicate if there was a shift in title. Also, the Former
Wife requested partition. Where a request for partition
complies with section 64.041, Florida Statutes (2010), and is
not contested by the opposing party, failure to divide the
property is reversible error.
Id....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1990 WL 12765
...She has not argued on appeal that she did not have notice that partition of the marital home was sought. At the final hearing, the attorneys for the parties stipulated to the legal description of the property. We hold that the husband's plea for partition substantially complied with section 64.041, Florida Statutes (1987), and due process was achieved....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2013 WL 5450946, 2013 Fla. App. LEXIS 15519
...ned from the record. Moreover, even though the trial court awarded equity in the marital home to Former Wife, it failed to indicate if there was a shift in title. Also, the Former Wife requested partition. Where a request for partition complies with section 64.041, Florida Statutes (2010), and is not contested by the opposing party, failure to divide the property is reversible error....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...Carlsen,
346 So.2d 132 (Fla. 2d DCA 1977); Rankin v. Rankin,
258 So.2d 489 (Fla. 2d DCA 1972). No such compliance is evident in this case. First of all, the husband's petition seeking division of the property does not set forth the required allegations as set forth in Section
64.041, Florida Statutes (1975)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...This disparity in the relative incomes of the parties warrants alimony in excess of that awarded by the trial court. We must also reverse that portion of the final judgment ordering partition. In order to justify an award of partition, the pleadings must conform to the requirements of Section 64.041, Florida Statutes (1979)....
CopyCited 2 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2580, 1987 Fla. App. LEXIS 11040, 1987 WL 1345
...Frisard,
468 So.2d 399 (Fla. 4th DCA 1985). The within personal property continues to be held as a tenancy in common subject to partition upon the filing of a proper supplemental complaint containing the essential allegations and notice requirements of section
64.041, Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
CopyCited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 676, 1991 WL 9380
...Any party holding property as a tenant in common may bring an action in partition so long as the requirements of chapter 64 are met. The partition complaint before us appears on its face to comply with the statutory conditions for setting forth a proper claim for partition. See § 64.041, Fla.Stat....
CopyPublished | Florida 6th District Court of Appeal
marital home. The court was incorrect. Section
64.041, Florida Statutes (2019), requires that the
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1893, 1984 Fla. App. LEXIS 14795
...We disagree. The wife’s petition for dissolution requested the court to partition the parties’ real property, but did not contain a full description of the property at issue. Thus, her request for partition did not conform to the requirement of Section 64.041, Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16243
(3) by a prayer for partition as provided in Section
64.041, Florida Statutes (1973). The courts have also
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 13887
necessary allegations and notice as required by §
64.041, F.S.1975, relating to partition. Further, defendant-appel-lee
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2403787
...ur parcels *906 were not subject to partition and entered a judgment requiring the parcels to be sold at public sale. The court denied Nick's request to appoint commissioners. This case involves an interpretation of several provisions of chapter 64. Section 64.041 sets forth what must be included in a complaint seeking partition....
