ESQ.title is a boutique law firm, ready to meet the needs of clients throughout South Florida. Its partners bring years of relevant experience in the practice of both real estate litigation and transaction. Partner Daniel T. Pascale practices in the areas of commercial litigation and real estate. He is available to meet with you in Delray Beach, at your convenience.
Daniel T. Pascale and the firm help clients reach goals by focusing on and understanding their businesses. They solve problems and protect their clients’ interests in the areas of litigation, real estate, and business. Dan Pascale achieves resolutions that are quick and cost-efficient, but also in his clients’ best business interests, whether the client is a business or an individual. In order to serve their Palm Beach County real estate clients, the firm’s offices are conveniently located at 10 SE 1st Ave #A, in Delray Beach.
One common real estate issue in Delray Beach is the sale and division of jointly held real estate. It is sometimes in a client’s best interest to sell jointly-held property. At times, property owners are not in agreement as to what to do when multiple owners own a single property. At other times, one of the owners may simply want to sell his or her interest in the real estate. When the owners can’t agree on a sales price or one of the owners doesn’t want to sell, it may be time to go to court to ask a judge to solve the problem and order the sale of the property. This type of lawsuit is known as a partition suit.
In a partition case, the Plaintiff asks the Court to order the sale of the property and determine how the proceeds of the sale should be divided. The attorneys obtain evidence to show the value of the property. They may also use documents and witnesses to show what percentage of the proceeds should go to each owner. Evidence can be gathered through the discovery process, in which one party may ask the other to answer questions (through interrogatories or depositions) or produce documents (request for production of documents). The split of the proceeds may be based upon the contributions that each owner has made to the property, for example. Therefore, if only one of the owners was paying the mortgage and the expenses associated with the property, then that owner would be entitled to a greater share of the proceeds of the sale of the property. Ultimately, as part of the process, based on the evidence, the Court determines what a reasonable sale price would be. The Court also determines how the proceeds are divided among the owners.
Delray Beach boasts a vibrant downtown with world class shopping, restaurants and entertainment. On both sides of the Intracoastal Waterway, residents and tourists alike enjoy events and activities ranging from art fairs to festivals to, of course, the beach. The winner of multiple awards, such as the Tree City USA award, Delray Beach is also home to a plethora of businesses and neighborhoods. Whether you are looking for a 55 and older condominium, a gated golf community, or a single or multi-family home, Delray has it all.
If you are a co-owner of real estate in Delray Beach and would like to discuss what your options are for selling jointly held real estate, please call Daniel T. Pascale, Esq. for a courtesy phone consultation at 305.310.1170.