Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • Navigating Dependency Law: Protecting Children in Challenging Parental Situations

    Navigating Dependency Law: Protecting Children in Challenging Parental Situations

    Dependency law, a subset of family law, plays a crucial role in safeguarding children when they face difficult circumstances due to parental challenges. Whether it’s cases of abuse, neglect, or a parent’s inability to provide adequate care, dependency law steps in to protect the best interests of the child.

    However, navigating the complex web of legal processes can be overwhelming for parents involved in dependency actions. This is where a dependency lawyer can make a difference, providing crucial guidance and advocacy.

    Here, we explore the implications of dependency law, the criteria for dependency designation, and the significance it holds in child support, tax deductions, and custody agreements.

    Dependency Law

    Dependency law is primarily focused on children as it is a subset of family law that is designed to protect children in challenging parental situations. For example, it can be useful in risky situations involving children who have been abused, neglected, or otherwise mistreated. There may even be circumstances when a parent or parents are incapable of providing for their child(ren) due to general obstacles in life.

    Child Protective Services (CPS) may claim that a child is being mistreated or neglected necessitating the placement of the child in a foster home. While these decisions are made in the best interest of the child, at times, judges and CPS employees are not always impartial or fully aware of a person’s circumstances. A dependency lawyer can help in this situation.

    As a dependency action is a civil matter brought before the court based on allegations of child abuse, abandonment, or neglect, this can be a distressing circumstance and requires a legal advisor.

    Dependency Implications

    The legal status of dependency can have significant implications for issues like child support payments, tax deductions, and custody agreements.

    In Florida, the procedures for designating a child as a dependent are complicated and are based on a number of variables, such as the parent’s marital status, income, and custody arrangements.

    First, it’s critical to comprehend what the federal government considers to be a dependent. A person that a taxpayer can list as a dependent on their tax return in order to receive a tax benefit. A dependent must typically satisfy the following requirements:

    1. The dependent must be the taxpayer’s eligible child or qualifying relative.
    2. The dependent must be an American citizen or lawful permanent resident.
    3. The dependent must be in possession of a current Social Security number.

    Typically, the child can be claimed as a dependent by the custodial parent which is the parent with whom the child spends most of the year. However, the parent with the greater adjusted gross income is typically permitted to claim the child as a dependent if the parents have joint legal custody, which means that both parents have a legal right to make choices regarding their child.

    In Florida, parental timesharing is mandated unless there are special circumstances, such as the parents being incarcerated, being unable to care for their children due to physical or mental limitations or having been found guilty of domestic violence or child abuse. Additionally, child support and decision-making for the child must be shared.

    Lean On Our Dependency Law Experts

    A dependency case is a serious matter that might affect your child custody arrangements and directly impact your long-term family dynamics.

    These can be stressful situations since dependency actions are typically filed before the court based on claims of child abuse, abandonment, or neglect. If you have questions concerning dependency law or need a family law expert to guide you, our family law attorneys are ready to help. Contact us today.

  • Understanding the Basics of Non-Compete and Non-Solicitation Agreements

    Understanding the Basics of Non-Compete and Non-Solicitation Agreements

    Non-compete and non-solicitation agreements are frequently used in employment relationships between employers and employees or contractors, and it’s used by all sizes of businesses, firms, and organizations. The consequences of ignoring or misinterpreting these agreements can be severe and may result in intricate legal disputes.

    Without competent, qualified counsel, a company’s earnings and reputation could suffer significant damage, or an individual might meet challenges in finding quality employment. It is important to understand the basics of these agreements in order to know when it is time to seek legal advice.

    What is a Non-Compete Agreement?

    A non-compete agreement is a legal clause in a contract dictating that an employee or contractor is not permitted to compete with their employer during the term of employment and/or once that employment has ended.

    Additionally, these agreements typically forbid the employee from disclosing or revealing confidential or proprietary information to other parties at any point during the employment or even after it has ended.

    What is a Non-Solicitation Agreement?

    An employee is forbidden by a non-solicitation agreement from contacting a company’s clients or customers in order to acquire something after having left the company they once represented.

    Non-solicitation agreements are also used to prevent a former employee or contractor from poaching the company’s employees/contractors to leave the company and work for the former employee/contractor.

    What are the Goals of These Agreements?

    Overall, these agreements serve as a method of protection of trade secrets and confidential information.

    In general, non-compete agreements are used to regulate the behavior of former employees, and non-solicitation agreements are used to protect the employer’s existing relationships with their clients, customers, and employees.

    Non-Competes

    By design, non-compete agreements prevent employees from working for a competitor of their former employer or establishing their own competing business. The scope and duration of the agreement varies, depending on the nature of the business and the level of the former employee’s involvement.

    The limitations imposed by the agreement may apply within a specific geographical area, such as within the state or 50 miles of their former employer’s office. The duration of the agreement can range from several months to multiple years, depending on the circumstances of the agreement.

    Non-Solicitations

    Non-solicitation agreements are designed to protect the employer’s clients, customers, and employees from being solicited by former employees.

    What are the Limitations of These Agreements?

    While both non-compete and non-solicitation agreements serve as a mechanism for protecting the employer, they are not without their limitations. The agreements must be reasonable in both scope and duration.

    Companies must weigh their options before implementing these types of agreements because of the increased risk of legal challenges, the impact they may have on attracting potential employees, and the potential of redundancy with confidentiality verbiage that already exists.

    These agreements, when reasonable in scope and duration, offer protection to companies from former employees’ competing with them or using confidential information.

    Seek Legal Counsel

    Whether you represent a company or are a future of current employee dealing with these types of agreements, it is important to understand the details and limitations of these documents. Consulting with an attorney is the best course of action.

    With the help of Apfelbaum Law, you can ensure that you have an advocate to walk you through the legalities of the agreement you have questions about. Contact our office to have an experienced attorney advise you on your specific needs.

  • Estate Planning for Business Owners: How to Avoid Probate and Protect Your Assets

    Estate Planning for Business Owners: How to Avoid Probate and Protect Your Assets

    Estate planning is a critical decision and process for every business owner, regardless of the size of their business. Proper estate planning not only ensures your assets are protected and your wishes are carried out in the event of your death or incapacity, but it also helps to avoid costly and time-consuming probate proceedings.

    That said, estate planning can be a complex and overwhelming process, especially for business owners who must also consider the future of their company and determine who should be involved in that future.

    How to Avoid Probate and Protect Your Assets

    Here, we will explore essential estate planning elements that you as a business owner should consider to protect your assets and avoid probate.

    What is Estate Planning?

    Estate planning involves the creation of legal documents that outline how you want your assets to be managed and distributed upon your death. This can include a will, trust, power of attorney, and healthcare directive. An estate plan can also help you minimize taxes, protect your assets, and ensure your loved ones are taken care of after you are gone.

    Why is Estate Planning Important?

    Having an estate plan is crucial to safeguarding your assets, ensuring the financial security of your loved ones, and preventing the disruption of your business operations. As a business owner, you can gain peace of mind knowing that you have a thorough estate plan in place.

    Secures Your Assets

    The protection of your assets is the most compelling reason for you to complete estate planning. Without an estate plan, it is simple for disputes to arise and puts your business at risk. A sound estate plan can shield firms from lawsuits and guarantee protection of assets after the owner passes away.

    A thorough estate plan may also lessen the tax burden on the business, increases its value, and lowers its risk.

    Protects Your Finances

    Estate planning entails making sure that your loved ones’ finances are secure. Without an estate plan, it’s possible that family members or business partners could experience financial trouble.

    Keeps the Business Alive

    Estate planning is crucial in terms of guaranteeing business continuity. You can ensure that your company will be managed and operational after your passing. This can be accomplished by naming a successor, creating a buy-sell agreement, or establishing clear instructions for the business.

    What is Probate and Why is it Important to Avoid?

    Probate is the legal process of administering an estate after someone dies. It involves validating the will, paying off debts, and distributing assets to heirs.

    Probate can be time-consuming, expensive, and often public. It can also tie up assets in court for months or even years, and could expose valuable assets to creditors. Avoiding probate through estate planning can help minimize costs, ensure privacy, and streamline the distribution of assets.

    What is a Trust?

    A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. The trustee is responsible for managing the assets according to the terms outlined in the trust document.

    Trusts can be beneficial for business owners because they can help protect assets, avoid probate, and provide for the long-term management of assets.

    Types of Trusts and their Benefits

    There are several types of trusts, including revocable trusts, irrevocable trusts, and living trusts. Each type of trust has its benefits, such as avoiding probate, minimizing taxes, controlling assets after death, and protecting assets from creditors or lawsuits.

    A Trust Can Help You Avoid Probate

    Since assets held in a trust are not considered part of the probate estate, they can bypass the probate process. This can help minimize costs, ensure privacy, and streamline the distribution of assets to beneficiaries.

    Protect Your Business Assets

    The first step to protecting your business assets is to contact a local law firm you trust. With the help of Apfelbaum Law, you can protect your business assets and the future of your company.

    Our team of experienced attorneys will walk you through the estate planning process and ensure your assets are swiftly and effectively secured according to your wishes. Contact our office today to begin the important process of estate planning.

  • Navigating the Legal Process of Obtaining Guardianship

    Navigating the Legal Process of Obtaining Guardianship

    Navigating the legal process of obtaining guardianship can be a complex and challenging task. It involves filing for guardianship in court, providing evidence of the inability of the person in question to make decisions for themselves, attending a hearing or hearings, and working with attorneys or advocates who will help guide you through the process.

    When seeking guardianship, it is mandatory to prioritize the best interests of the individual for whom the guardianship is being sought and consider alternatives such as power of attorney if such are warranted by the circumstances.

    Navigating the legal process of obtaining guardianship requires diligence, patience, and expertise from qualified legal professionals in order to ensure a successful outcome while protecting the person in need.

    Definition of Guardianship

    A guardianship creates a formal legal relationship between an appointed guardian and the ward. An individual whose rights have been partially or completely taken away and who has been declared legally incapacitated to some degree by a court is referred to as a “ward.”

    Guardianship Requirements and Responsibilities

    The duties and responsibilities of a guardian are complex. You will want to work with an experienced guardianship attorney in order to ensure you are complying with the legal requirements both pre and post granting of the guardianship.

    In Florida, guardians may be required to undergo a background and credit check before being appointed. To be accepted, the person seeking guardianship must have a record free of any felony convictions. Additionally, guardians must submit annual guardianship plans and accountings  to the court as well as enroll and complete  in an 8-hour guardianship education training.

    These reports assist the court in keeping an eye on the ward’s business and the guardian’s conduct. A guardian could be forced to appear in court and potentially being removed as guardian if these legal requirements are not followed.

    Types of Guardianship

    The court may appoint a guardian of the person only, a guardian of the property only, or a guardian of the person and property depending on its judgment and what will best meet the requirements of the ward.

    These are the main types of guardianship:

    • Guardian of the person
    • Guardian of the property
    • Guardian of the person and property
    • Guardian of a minor

    The Process of Guardianship

    The process of guardianship helps protect people who may not be able to make decisions for themselves. The following is an overview of the typical steps involved.

    First, a petition is filed with the court. This can be filed by any adult who is concerned about another person’s ability to make decisions. The court then appoints a group of three experts to evaluate the person in question; the committee will report their findings in writings to the court, evaluating the proposed ward based on a list of statutory criteria. The Court must appoint an attorney to represent the interests of the proposed ward, or the person can hire their own attorney.

    A hearing is held in which the court will review the reports from the committee’s evaluations, hear from the parties, and decide if a guardianship is needed, and if so, what is the precise guardianship that will meet the ward’s needs while giving them the most freedom. A court can deny a request for a guardianship, grant the exact type requested, or allow the ward to retain certain rights for themselves.

    Navigating the Legal Process of Guardianship

    The guardianship process can be complicated, but it’s an important resource to ensure that people who need help get the support they need.

    If you need assistance with a guardianship situation or have questions about any legal matter surrounding the process of obtaining guardianship, our team can guide you. Contact Apfelbaum Law today for a consultation.

  • Common Legal Issues in Business Sales: Mitigating Risks and Avoiding Pitfalls

    Common Legal Issues in Business Sales: Mitigating Risks and Avoiding Pitfalls

    Business sales and purchases of any size are not decisions to be taken lightly. You can lessen the inherent risks associated with these kinds of commercial transactions by conducting adequate research, exercising due diligence, and relying on skilled personnel.

    How to Mitigate Risks and Avoid Pitfalls in Business Sales

    Protecting your company by proactively assessing prospective purchasers and the terms of the deal, addressing confidentiality, preparing for tax and legal structure consequences, and resolving transition issues before signing a sales agreement, will help you avoid typical pitfalls and keep your transaction on track as you consider selling a business.

    Due Diligence is a Must

    Both the buyer and the seller in a transaction should value due diligence. To minimize the chances that either party will not be able to carry out their contractual responsibilities, each party should thoroughly investigate the other.

    This entails running background checks on the purchaser as well as the business’s owners and principals, including UCC, credit, and criminal record checks. If you are the seller, this step also ensures that prospective buyers have the financial means to purchase your company so that you don’t waste time on “tire-kickers” or those who are obviously unable to confidently come to the closing table.

    Obtain a Confidentiality Agreement

    A confidentiality (non-disclosure) agreement must be created and used as a crucial first step in the sale of a business. If the transaction is not completed, this agreement safeguards your company’s proprietary and sensitive information by specifically forbidding a prospective buyer from:

    • Sharing discovery information with competitors
    • Utilizing it to establish or expand a business that is akin to yours
    • Recruiting or employing your staff

    Legal Structure Decisions

    Private company sales are frequently organized as either asset sales or equity transactions. The majority of privately owned companies are owned and run by an entity such as a corporation or limited liability company.

    In an asset sale, the buyer of the business purchases nearly all the assets used in it as well as the goodwill connected to it, but not the entity itself. In order to avoid being saddled with an entity’s obligations that the seller may or may not have been aware of, buyers often choose to buy assets.

    A stock or other equity sale entails the buyer purchasing the entity’s existing shares or equity holdings, making them the new owner of the entity itself, together with the business assets. To avoid being saddled with an entity’s obligations, which the seller may or may not have been aware of, buyers typically prefer asset purchases.

    In an asset sale, a transaction agreement should specify how the purchase price will be divided among the assets being purchased. (e.g., allocating among equipment and fixtures, inventory, customer lists, business goodwill and, in some cases, post-closing consulting services). The buyer and seller must come to an agreement on this allocation because it could have a negative impact on their respective income taxes.

    Prepare for Transition Issues

    Avoid becoming too preoccupied with the sale of your business that you overlook the post-closing transition period. In general, it is the buyer’s decision whether to make a clean break or request the seller to remain on for a few months to assist with the transition and training.

    However, if you are not fully cashing out and are offering the seller financing, it may be in your best interest to remain involved in the process to improve the possibility that the company will succeed and that you will be paid in full for the deferred portion of the purchase price.

    The scope and conditions of any transition services, including the number of hours that will be committed and whether the cost of the services is rolled into the purchase price or a separate expense to the buyer post-close, should all be agreed upon prior to closing.

    Partner with a Knowledgeable Legal Team for Business Sales

    Even successful business owners have very little time or significant expertise to properly handle the complicated legal and financial issues involved in buying or selling a company.

    If you need assistance with buying or selling a business, our attorneys at Apfelbaum Law are the experienced team you can lean on. Contact us today.

  • The Legal Aspects of Buying a Business: Key Considerations for Potential Buyers

    The Legal Aspects of Buying a Business: Key Considerations for Potential Buyers

    The process of buying a business can be challenging and, possibly, a bit daunting. Throughout the process, a buyer must carefully review and understand a variety of legal and financial intricacies.

    Key Considerations for Potential Buyers

    Buying an existing company can eliminate some of the risks associated with starting a business from scratch. However, the main issue for a prospective business buyer is determining exactly what they are buying. This calls for thorough due diligence with assistance from professionals who understand business law.

    Before taking steps towards purchasing a business, be aware of these three key considerations.

    #1 Identify Key Professionals

    Set yourself up for success when deciding to purchase a business. Begin by identifying key professionals who can guide you throughout the process. A solid first step would be to consider a broker who can help with business acquisition as well as a business law attorney who can assist with the legalities.

    If you have one or more companies in mind, consider putting a small team of experts in place to support your goals. Other important professionals to include would be an accountant and a financial consultant. These experts are crucial for the duration of the due diligence process, and they should be knowledgeable about a variety of topics that will advance your interests.

    #2 Determine What You Are Purchasing

    Inquire about the structure of the business. If a partnership owns the business, get clarity on whether the parties are continuing the agreement or ending it with the sale.

    You have options when buying a business: either you acquire the company’s assets outright, both tangible and intangible, or you buy the equity in a corporation or limited liability company. This type of decision, along with many others that will need to be made, should be addressed with thoroughness and transparency and with the assistance of legal counsel.

    #3 Complete Due Diligence

    To exercise due diligence, you should examine and confirm each piece of information you have been given about the company. Due diligence validates that the company is worth what you will be paying for it and enables you to thoroughly examine the financials and other records.

    A significant number of legal documents need to be signed and filed, and a thorough review of the company’s finances should be completed. This is a crucial step in a successful purchase process for businesses. A list of fundamental due diligence documents can be provided by your attorney.

    Get Legal Help

    When purchasing a business, it is recommended that you seek the advice of an experienced business attorney. Whether you have bought or sold a business before, there may be more than meets the eye involved in each individual transaction, and every detail should be viewed with extreme diligence.

    If you need assistance with a business purchase, our attorneys will answer your questions and provide the guidance you need. Contact us today to schedule a confidential consultation.

  • DUI Checkpoints: Know Your Rights and How to Handle Them

    DUI Checkpoints: Know Your Rights and How to Handle Them

    DUI (Driving Under the Influence) checkpoints, also known as sobriety checkpoints, are conducted in 38 states, including Florida. Law enforcement personnel use these temporary checkpoints to identify and minimize the risks associated with the use of alcohol.

    Know Your DUI Checkpoint Rights

    When conducting a DUI checkpoint, law enforcement must abide by a number of rules including:

    • The DUI checkpoint must be conducted reasonably.
    • Drivers must be stopped randomly and fairly.

    Anyone found to be operating a motor vehicle while under the influence of alcohol such that their normal faculties are impaired, or with a Blood Alcohol Content (BAC) of .08 or above, where impairment may be presumed. One can find themselves facing an allegation that has potentially lifelong repercussions. While no one would argue the importance of keeping the roads safe, it is vital that drivers understand their rights and obligations when encountering a DUI checkpoint.

    Here are three main questions you may have when encountering a DUI checkpoint.

    Can I Leave to Avoid DUI Checkpoint?

    While DUI checkpoint locations are publicly announced and selected based on locational risk factors and recent DUI activity, law enforcement chooses each checkpoint location carefully and they purposely leave little room for maneuvering away from the scene.

    Although there are a number of laws and standards that police must follow when conducting these checkpoints, you must stop, since they are both legal and constitutional.

    Setting up signs to alert drivers of impending checkpoints is one of the laws and standards that police must follow when conducting a DUI checkpoint. Because of this, as a driver, you should not be caught off guard. When you initially notice the signs alerting you to an upcoming checkpoint, you are legally allowed to turn around to avoid the checkpoint only by using legal traffic maneuvers.

    Can I Decline to Answer Police Questions?

    It is common for officers to ask drivers if they have had any alcohol to drink as they pass through the DUI checkpoint. Be aware that you have a Fifth Amendment right to avoid self-incrimination. In other words, you have the option to decline to answer any questions the police ask you. Bear in mind that this may mean the officers manning the checkpoint may take an interest in you. Never drive while intoxicated.

    To clarify, that does not mean that you can refuse to comply with officers at a checkpoint. The right to remain silent is not the same thing as non-compliance. For example, if a police officer asks to see your license and registration, you must present those documents and comply with those instructions.

    Can I Decline Tests at a DUI Checkpoint?

    According to Florida’s implied consent law, anyone who accepts the privilege to operate a motor vehicle in the state gives consent to all authorized tests when they are suspected of driving while intoxicated.

    The infrared, breathalyzer, and blood alcohol tests are examples of approved tests for law enforcement use. You are permitted to decline a breathalyzer test despite the implied consent rule and officers cannot coerce you to take a breathalyzer test.

    However, be aware that you can face criminal penalties for refusing these tests including a maximum one-year suspension of your driving privileges as a first-time offender.

    Accused of Drinking and Driving?

    The purpose of DUI checkpoints is to make our roads safer, but this sometimes results in the rights of drivers being abused or neglected. In order to safeguard your rights and advocate for your best interests if you have been detained at a sobriety checkpoint in Florida, you need a skilled DUI defense lawyer.

    Hiring an experienced Florida DUI attorney will give you the best chance of having a favorable outcome. Our attorneys at Apfelbaum Law can assist you with your DUI charge or any other criminal matter. Contact us today for a consultation.

  • The Real Estate Closing Process: What Sellers Need to Know

    The Real Estate Closing Process: What Sellers Need to Know

    The real estate closing is the culmination of your effort as the seller, as well as the work of those on your real estate team. You will receive payment for the sale of the property, transfer ownership to the buyer, pay off any mortgages, cover any additional closing fees, cover real estate agency commissions, and receive your sales proceeds, if there are any.

    The Real Estate Closing Process

    Selling real estate doesn’t have to be a difficult or stressful process, but being well- informed and prepared can make all the difference in your overall experience.

    Sellers should seek the support of a qualified real estate attorney and be aware of these four main items involved in the closing process.

    Final Walk-Through

    Most sales contracts give the buyer one final opportunity to do a walk-through of the property within 24 hours of closing. At the walk-through, buyers can check the condition of the property and review the agreed-upon repairs.

    Typically, this part of the process is problem-free as all issues should have already been addressed by the seller. The final walk-through simply provides buyers peace of mind, knowing that you, as the seller, have adhered to the conditions of the sales contract and completed required repairs.

    Closing Documents

    It’s a common myth that, at closing, all parties must be seated around a table together to distribute paperwork and keys when, in fact, the closing does not require the presence of the seller at all.

    For sellers who are out of the state, out of the country, or who are simply concerned about scheduling, this fact is often a relief. A generally simpler experience compared to the buyer, the closing package for a seller often only contains a small number of documents, while the closing package for a buyer could be much larger.

    Both the buyer and the seller will receive a Closing Disclosure, also called a Settlement Statement.  It summarizes all funds the buyer and seller receive at closing, and all monies the buyer and the seller pay at closing.

    A deed, conveying the property to the buyer, will be signed by the seller. The seller will also sign a Certificate of Title, certifying that they have the right to sell the property. The seller will then sign a bill of sale and a statement of closing costs for personal property.

    Taxes Due

    Sellers should be aware that taxes may be due on the sale of their property, The closing attorney is responsible for informing the IRS of the sale. When the deed is signed, the closing attorney may give a 1099-S form to the seller. The IRS receives the 1099 at the end of the year, which includes the complete sales price of the asset.

    The likelihood that a seller owes taxes on the sale will depend on a number of variables. On all or a portion of any profit, sellers could be required to pay capital gains taxes. In other circumstances, they may not owe anything.

    Sellers should always seek the advice of a tax expert to ascertain any potential tax obligations that may be relevant to their specific circumstances.

    Disbursement of Proceeds

    Only when the closing has been completed, the closing attorney is permitted to release funds. Sometimes, this cannot be finished the day closing papers are signed. The money may be transferred after the close of business on the following business day.

    The seller will receive the money, and the buyer will receive the keys to the newly purchased property once the closing process is properly completed.

    Ready to Sell Your Property?

    If you’re not a real estate attorney or a realtor, the process and documents involved in a real estate closing can be confusing and intimidating.

    Whether you are buying or selling, it is important to have your interests and rights protected during the closing process. At Apfelbaum Law, our attorneys will answer your questions, advise you throughout the process, and provide you with the information you need to make informed decisions. Contact us today to schedule a consultation.

  • 5 Questions to Ask If You Are Considering Filing a Partition Lawsuit

    5 Questions to Ask If You Are Considering Filing a Partition Lawsuit

    A lawsuit involving joint owners of real property is known as a partition action. When two or more owners cannot agree on matters relating to the handling of the property, such as whether to keep the property, rent it, or sell it, any of the owners can file a partition action in the appropriate court.

    5 Partition Lawsuit Questions

    Here are 5 questions to ask if you are considering filing a partition lawsuit.

    #1 Do You Meet the Requirements for a Partition Lawsuit?

    A property often has a single owner originally who may then leave the property to family members upon death. The property ownership then transfers to numerous owners who may not share the same objectives and aspirations for the property.

    A partition lawsuit, which often emerge when the parties are unable to agree on how the property should be used, can only be brought by a co-owner of real property,

    This could also occur with couples who purchase property and own it jointly without getting married. If the couple splits up, they can often disagree on how to use the property, which could lead to a partition lawsuit for final resolution.

    If your situation reflects one similar to these, and you are the co-owner of real property, you may meet the requirements for filing a partition lawsuit.

    #2 Can the Dispute Be Solved Without a Partition Lawsuit?

    Co-owners frequently engage in negotiations outside of court to come to a resolution when they cannot agree on what to do with a piece of real estate. In order to help the parties involved establish a settlement agreement, mediation is a frequent strategy.

    Even after a partition suit has been filed, mediation, which is facilitated and directed by a neutral third party, may be a helpful course of action.

    #3 Do You Have the Resources for a Partition Lawsuit?

    It is important to consider the full investment that filing a partition lawsuit can involve, not only in regards to finances, but also the stress and time it may take.

    On a financial level, there is a possibility that the judge will award you attorney’s fees and costs, but there is also the potential that fees will come out of your proceeds from the sale of the property.

    Nevertheless, there is an investment beyond just the financial that you should consider before taking the action to file a partition lawsuit.

    #4 What Do You Want the Outcome to Be?

    Take some time to reflect on potential outcomes from filing. The end result of a partition lawsuit is the sale of the real property.  The parties can agree on how the sale occurs but, if they don’t, it may take place in the same way as a foreclosure sale.

    #5 What Documents Should You Prepare When Meeting with Your Lawyer?

    When preparing to meet with your lawyer, compile copies of any records pertaining to property ownership, such as deeds, wills, and other agreements. Include copies of all records outlining costs and earnings associated with the property.

    Ready to File a Partition Action?

    A partition action is a highly technical legal proceeding that must satisfy numerous particular court conditions. To make sure your rights are upheld, we advise hiring skilled legal representation. Our attorneys at Apfelbaum Law are ready to help you.

    If you need assistance or have questions surrounding real estate matters or any other legal matter, contact our office for a consultation.

  • How Exactly Does a Partition Lawsuit Work?

    How Exactly Does a Partition Lawsuit Work?

    A partition action enables parties who jointly hold property to divide their interests and claim their respective portions of the property. When co-owners cannot come to an agreement on those issues or when they have extremely diverse opinions about whether to sell, keep, or divide the property, a partition action may be necessary.

    Despite the fact that most people associate a partition action with real estate, the division of real estate interests, or the sale of real estate to pay an interest, a partition action can occur with any sort of property including personal property. Florida law allows for the division of both real estate and personal property. However, the vast majority of partition cases are indeed for real estate.

    Here is everything you need to know about a partition lawsuit.

    Why May a Partition Action be Necessary?

    Partition actions often come about because the property or land that has been purchased has more than one person’s interest and differing ideas of how to proceed with the real estate or personal property. The parties involved could be family members or simply partners with a financial interest.

    More common reasons a partition litigation occurs is with situations such as those who have inherited property, have conflict between siblings, experience a divorce, or even with disgruntled business partners.

    If these interests diverge such as when there are different opinions of what to do with the property, a dispute may arise. For example, if one wants to improve the area or build on the property, but the other individual prefers to sell, a complication may develop around the decision making for choosing the best course of action.

    These circumstances surrounding next steps can become complicated, especially in the case of real estate. A lawyer specializing in real estate is recommended in such cases.

    What are the Elements of a Partition Lawsuit?

    The filing of a complaint in the county where the property is located is typically the first stage in the partition lawsuit procedure. The partition complaint must meet a number of standards, one of which is to identify the parties’ respective ownership interests.

    The court may also be required to determine the status and priority of all liens on the property as part of a partition action.

    If the court finds that there is a dispute over title ownership, it may appoint a partition referee to investigate the situation and produce a report. The referee’s report, however, is just that, and a judge may choose to put these matters before a jury.

    The Court will make a formal determination of the ownership interests, in what is known as an interlocutory decision, if it finds that the party who filed the complaint has a right to partition.

    Once the Court has determined who is the rightful owner of the property, then the Court will decide how the property should be divided, such as through private sale or division.

    After deciding how to divide the property, the Court will assign a referee to partition the property, either by selling it or dividing it.

    Once the property has been divided, the Court will account for the contributions made by each party to the property and make adjustments in accordance with those contributions.

    Finally, the Court will distribute the proceeds to the parties after determining each party’s contributions with the necessary adjustments to the proceeds.

    We Can Help with Your Real Estate Law Matter

    There are many different issues that may lead to real estate litigation in Florida for both businesses and individuals. If you need assistance or have questions surrounding real estate matters or any other legal matter, our attorneys at Apfelbaum Law are ready to help you. Contact our office today for a consultation.