Civil procedure — Partition of property — Uniform Partition of Heirs Property Act — Property is heirs property where father and daughter own property as equal cotenants, no agreement exists addressing partition of property, and daughter acquired her title from father — Court accepts parties’ agreement as to appraised value of property but must conduct equitable accounting prior to any determination of cotenant buyout or partition of property — Where father’s primary request was for partition in kind, and he only requested partition by sale if partition in kind could not be made without great prejudice to parties, daughter’s request to be allowed buyout under section 64.207(1), which allows for buyout by any cotenant except cotenant that requested partition by sale, is premature
Legal Topics
Civil procedure — Partition of property — Uniform Partition of Heirs Property Act
Oct 25th, 2022 in by admin