Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence

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  • Source:
    University of Miami Business Law Review, 2016/04/01, Vol: 24, p81
  • Additional Information
    • Author:
      Harry M. Hipler
    • Citation:
      24 U. Miami Bus. L. Rev. 81
    • Copyright:
      Copyright (c) 2016 University of Miami Business Law Review
    • Abstract:
      I. INTRODUCTION When joint owners of real and personal they are married, unmarried live-in companions, cotenants as business partners and shareholders, or beneficiaries of real and personal property--come to a decision to part ways, they often find that breaking up their undivided interests is hard to do. 1 Partition--the legal procedure in which joint owners break up their undivided joint ownership in real and personal property--has roots dating back to Roman law, where cotenants were permitted to partition and sell jointly-held land. 2 An action for partition of land is an ancient common law remedy that was initially established to allow cotenants to divide land held jointly. 3 In England, the process through which joint owners broke up their undivided ownership dates back to thirteenth century England during the reign of Henry III and applied to land held as joint tenants and tenants in common. 4 Although partition existed during England's feudal period, it was limited and not available to most. 5 In 1539, during the reign of Henry VIII, partition developed to all forms of joint ownership except tenancies by the entireties. 6 Partition is now provided for in all 50 states of the United States, 7 and in Florida, it is regulated by Chapter 64 of the Florida Statutes. 8 Partition seems like a simple and straightforward concept and procedure for the purpose of dividing jointly owned real and personal property, yet the partition process can be cumbersome, unpredictable, and confusing. ...
    • Subject Terms:
    • Keywords:
      straightforward
      unpredictable
      beneficiaries
      shareholders
      introduction
      established
      cumbersome
      entireties
      thirteenth
      companions
    • Accession Number:
      edslex8B45EA19
  • Citations
    • ABNT:
      HIPLER, H. M. Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence. University of Miami Business Law Review, [s. l.], v. 24, p. 81, 2016. Disponível em: . Acesso em: 24 set. 2019.
    • AMA:
      Hipler HM. Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence. University of Miami Business Law Review. 2016;24:81. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428. Accessed September 24, 2019.
    • APA:
      Hipler, H. M. (2016). Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence. University of Miami Business Law Review, 24, 81. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428
    • Chicago/Turabian: Author-Date:
      Hipler, Harry M. 2016. “Breaking Up Is Hard to Do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence.” University of Miami Business Law Review 24 (April): 81. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428.
    • Harvard:
      Hipler, H. M. (2016) ‘Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence’, University of Miami Business Law Review, 24, p. 81. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428 (Accessed: 24 September 2019).
    • Harvard: Australian:
      Hipler, HM 2016, ‘Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence’, University of Miami Business Law Review, vol. 24, p. 81, viewed 24 September 2019, .
    • MLA:
      Hipler, Harry M. “Breaking Up Is Hard to Do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence.” University of Miami Business Law Review, vol. 24, Apr. 2016, p. 81. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428.
    • Chicago/Turabian: Humanities:
      Hipler, Harry M. “Breaking Up Is Hard to Do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence.” University of Miami Business Law Review 24 (April 1, 2016): 81. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428.
    • Vancouver/ICMJE:
      Hipler HM. Breaking Up is Hard to do: Developments in Partitioning Real and Personal Property in Marital, Business, and Personal Relationships in Florida Jurisprudence. University of Miami Business Law Review [Internet]. 2016 Apr 1 [cited 2019 Sep 24];24:81. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex8B45EA19&custid=s8280428