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Can the Court Issue An Order To Sell Real Property Without A Specific Request?

A trial court in a divorce proceeding lacks the legal authority to order the sale of jointly owned real property, unless there was a specific pleading asking for partition of the real property.

Partition is a request that is made by one of the parties to sell jointly owned real property.  The court in the case of Martinez v. Martinez, 573 So.2d 37 (Fla. 1st DCA 1990) specifically held that a court has no authority to partition or order the sale of  jointly held real property in the absence of an agreement between the parties or a specific pleading filed in the case requesting partition.

The court does, however, have the right to award a 100% interest in a parcel of real property to one party or the other in a dissolution of marriage case, as part of the equitable distribution ordered by the court, as provided under Florida Statute 61.075.

Property rights in a dissolution of marriage case can be exceptionally complicated and certain cases. Property rights involve the identification of marital assets, valuation of those assets, and an equitable distribution of marital assets.

Often times valuation, as well as identification issues regarding marital assets arise in a divorce case.  You don’t want to be short changed at an important time in your life.  Contact an attorney who has the knowledge and temperament to provide you with guidance throughout your case.  Boca Raton divorce lawyer Alan R. Burton should be contacted at your earliest opportunity by calling him at 954-295-9222.