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I'm looking to replace my current lawyer in a partition lawsuit

This legal question related to litigation & tort attorneys in MiamiFlorida has been answered.

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Location: Miami  |  Law type: litigation & tort attorneys
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My ex-friend and I bought a property in 2007. My investment was $ 147,000.00 in cash and my partner financed $ 75,000.00 for 30% of the property's interest.  In 2009 my partner decided to sell his investment 30% of the property.  My brother agreed to buy the investment from him.  Only for the balance of his loan with the guarantee that I retain the right to live and own the property until the day I die.  As we were closing the transaction, Rossanny asked to be listed for the right to be my brother's wife.  I am a disabled person due to my crisis of mental instability.  So in 2011, Rossanny and my brother, during one of my crises, transferred ownership in their name.  In 2013, with the help of my beneficiary representative, I complained to them about the illegality of their action.  They agreed to correct the situation and filed a new corrective title invalidating the fraudulent 2011 title. However, they are now requesting 2/3 of the property in a Lawsuit for Partition.  "

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Judicial Release Representation
3 years 3 months ago, litigation & tort attorneys, Ravenna

Legal Solution

The response provided below is specific to litigation & tort attorneys in the jurisdiction of Miami. If the response is inadequate, please submit a detailed inquiry.

Dispute Over Property Ownership and Partition in Miami

Upon reviewing your situation, it's evident that the primary concerns center around the legality of title transfers, protection of rights as an original investor, and the subsequent partition lawsuit.

Relevant Laws and Resources

  • Florida Property Laws: Governing property rights, ownership, and title transfers.
  • Florida Partition Laws: Detailing the rights and processes for co-owners seeking to divide or sell jointly owned property.
  • Americans with Disabilities Act (ADA): To understand potential protections for those with disabilities in legal situations.
  • Florida State Government Website: The official state portal provides links to state agencies, departments, and relevant legal resources.

Possible Solutions to the Issue

  1. Title Rectification: If the 2011 title transfer was made during a period of mental crisis and without your proper consent, it might be deemed invalid. Collaborating with a specialized attorney to review the corrective title filed in 2013 could offer clarity on your ownership rights.
  2. Mediation: Before diving deep into litigation, consider mediation as a less adversarial and often more cost-effective way to resolve property disputes. Arbitration and mediation attorneys can guide this process.
  3. Detailed Review of Ownership Terms: If your brother and Rossanny have indeed initiated a partition lawsuit seeking 2/3 of the property, an in-depth examination of initial and subsequent agreements can help counter or settle this claim equitably.

Cost Estimation for Legal Services in Miami

Service Average Cost
Title Rectification $3,250
Mediation Session $1,850
Property Dispute Litigation $7,670
Partition Lawsuit Representation $8,500
Consultation with Real Estate Attorney $350

Miami's legal market may have fluctuations in these prices based on the lawyer's experience, the complexity of the case, and other external factors.

Need More Information?

Before I can provide more comprehensive guidance, it would be helpful to understand the specific terms of the initial and subsequent agreements. Furthermore, seeking professional legal help is vital in such complex situations.

Take Action: To get the best possible outcome, find the right lawyer to guide you through this dispute.

Answer These Relevant Questions:

  • Was there a written agreement when you initially bought the property with your partner in 2007?
  • Can you provide details on any written or verbal agreement made when your brother bought the 30% stake?
  • Do you have evidence, like medical records, from 2011 that can substantiate your state of mental instability?

What are the implications of a property title made without proper consent?

Transfers made without the proper consent of a party can be deemed invalid, especially if evidence suggests that the party was not mentally capable of making informed decisions.

Can I reverse or challenge a partition lawsuit?

Yes, a partition lawsuit can be challenged based on the terms of ownership, previous agreements, and the current state of property usage. Legal representation is recommended.

How long does a typical partition lawsuit take in Miami?

While timelines can vary, a partition lawsuit in Miami can take anywhere from a few months to several years, depending on the complexity of the case and the willingness of parties to settle.

What are the legal protections in place for individuals with disabilities?

The Americans with Disabilities Act (ADA) provides protections against discrimination and ensures equal opportunities for individuals with disabilities, even in legal matters.

Can mediation be binding?

Yes, if all parties agree in advance, decisions made in mediation can be binding. Mediation can also be a non-binding process where the mediator simply helps facilitate communication.

Note: The above information serves as general guidance. Always consult directly with an attorney to get a clearer understanding of your unique situation and the best course of action.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "I'm looking to replace my current lawyer in a partition lawsuit " has been changed 9 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Miami & area of law: litigation & tort attorneys.
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