Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a partition of property be ordered in a Florida paternity case? It was in the recent appellate case Diaz v. Nolan, 5D2024-1065 (Fla. 5th DCA March 21, 2025).
In this paternity case, the father appealed a final judgment regarding his time-sharing schedule and the partition of the parties’ jointly-owned property. The appellate court affirmed on all issues, but in light of the parties’ voluntary agreement to a private sale of the property, remanded “for the trial court to amend the final judgment to set a fixed reasonable period of time for the sale of the property subject to the court’s approval. The amended final judgment should reflect that if the sale of the property is not resolved within the time frame set by the court, a judicial sale of the property shall take place in accordance with chapter 64, Florida Statutes.”
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.