Partitions actions in Florida typically result in a sale of the property. Usually, the proceeds from that sale are split equally between owners, based on their ownership interests in the property. In some cases, however, one of the owners may be entitled to a greater share of the proceeds. In these cases, the owner would assert that they have something called a special equity.
What Are Special Equities in Partition Actions?
In a Florida partition case, special equities refers to a party’s right to be reimbursed for substantial, unequal contributions they made to the property. These may include:
- Making a larger down payment;
- Paying the majority of the mortgage;
- Covering property taxes or insurance;
- Funding repairs or improvements that increased the property’s value;
- Preventing foreclosure or other legal issues.
Florida courts have the discretion to consider these contributions and may award reimbursement or adjust the final distribution of sale proceeds to reflect what is equitable, rather than what is equal.
To assert special equities, you will need to have proof—receipts, bank statements, testimony—of payments that would entitle you the greater share of the proceeds.
Get Experienced Legal Help
Partition actions are already contentious and complex. Partition actions involving special equity claims are more so. Our attorneys are experienced in representing clients on both sides of these disputes—asserting a claim for special equity and defending against inflated or unsupported equity claims.
