CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 821249
...le of the residence and to divide the equities thereafter. The records, briefs, and oral argument provided by the attorneys have failed to satisfy this court that the trial court correctly proceeded with the Former Husband's complaint for partition. Section 64.051, Florida Statutes (1997), dictates the court's role in a partition proceeding: "The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it." In this cas...
...In a partition, the trial court must make a finding of the value of the marital residence, order its sale, and then direct that the proceeds of the sale be impounded subject to an ancillary proceeding to establish the credits due between the parties in order to determine the final amounts to be awarded to each of them. See § 64.051-64.071, Fla....
...in this case, the trial court erred in entering a final judgment of partition and modification of the final judgment of dissolution. *862 Therefore, we reverse and remand for the trial court to carry out the partition proceedings in accordance with section 64.051, Florida Statutes (1997)....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2403787
...This statute does not require the plaintiff to allege whether or not the property is capable of a physical division between the co-owners. Rather, the plaintiff is only required to plead a description of the lands sought to be partitioned and the names, addresses, and interests of each co-owner. Section 64.051 describes the judgment....
...It states simply, "The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it." The judgment then sets forth the "interest to be allotted" to each plaintiff or defendant with an ownership interest in the property. § 64.051....
...and if the court is satisfied that such report is correct, the court may order the land to be sold at public auction to the highest bidder by the commissioners or the clerk. . . . Nick argues that once a judgment of partition is entered pursuant to section
64.051, the trial court must appoint commissioners pursuant to section
64.061(1) to attempt to divide the property in kind....
