Miami Probate, Real Estate & Business Litigation Lawyer

Partition Actions for Co-Owned Property in Miami

Few situations are as frustrating as owning property with someone who will not cooperate. Siblings who inherit a home together, former partners who bought a condo as an investment, and relatives who hold a rental property as tenants in common often reach a point where one owner wants to sell and the other refuses. Florida law gives every co-owner the right to ask a court to end the shared ownership through a partition action.

Under Chapter 64 of the Florida Statutes, a court can divide the property physically when that is practical. With most homes and condominiums, a physical division is not realistic, so the court orders a sale and divides the proceeds. Partition cases also include an accounting between the owners, which can credit one owner for mortgage payments, property taxes, insurance, and improvements paid beyond their share, and in some cases can charge an owner who had exclusive use of the property. Those accounting issues often decide how much each owner walks away with, and they are where an experienced Miami partition lawyer makes the biggest difference.

Valero Law represents co-owners on both sides, whether you need to force a sale or protect your interest in property you want to keep. Many cases resolve with one owner buying out the other once the court process begins, and David Valero structures each case to create that leverage early. The firm handles partition cases throughout Miami-Dade and Broward County.

Forged Deeds, Fraudulent Transfers, and Title Disputes

Deed fraud has become a serious problem in South Florida. A forger records a deed transferring a property the owner never agreed to sell, often targeting vacant lots, rental properties, homes owned by elderly residents, or property that recently passed through an estate. In other cases, a relative pressures a parent into signing a quitclaim deed shortly before death, or a deed is notarized without the signer ever appearing before the notary.

Under Florida law, a forged deed is void and transfers no title, even to a later buyer who paid for the property in good faith. The deed still stays in the public records until a court removes it, and every month it sits there, the risk grows that the property will be sold again, mortgaged, or pulled into a lender’s foreclosure. Valero Law moves quickly to record a lis pendens, pursue claims involving forged or fraudulent deeds, and bring a quiet title action that restores clear ownership in the official records.

Not every title problem involves an outright forgery. Deeds signed under undue influence, transfers made by someone who lacked capacity, and conflicting claims from heirs all create ownership disputes that must be resolved before the property can be sold or refinanced. When the facts point to a broader scheme, the firm also pursues fraud claims for damages against the people responsible. Property owners can add a layer of protection by signing up for the free property fraud alert service offered by the Miami-Dade Clerk of the Court and Comptroller, which sends a notice when a document is recorded under their name.

Business Dissolution and Non-Compete Litigation

Business disputes are a core part of Valero Law’s practice, not an add-on. The firm represents owners, LLC members, shareholders, employers, and employees in business litigation across Miami-Dade and Broward County, with a particular focus on two kinds of cases: companies that need to be taken apart and restrictive covenants that need to be enforced or challenged.

When the owners of an LLC or corporation can no longer work together, the business can grind to a halt. Florida law allows a court to order the dissolution of a company when the owners are deadlocked, when the business can no longer reasonably be carried on under its governing documents, or when those in control have acted illegally or fraudulently. Dissolution cases often run alongside claims for breach of fiduciary duty, forced buyouts, and fights over valuation and control, and the outcome usually turns on who is best prepared when the case is filed.

Non-compete agreements are aggressively enforced in Florida. Section 542.335 of the Florida Statutes directs courts to enforce reasonable restrictive covenants that protect a legitimate business interest, and the Florida CHOICE Act, which took effect on July 1, 2025, made covered non-compete and garden leave agreements for higher-earning employees even easier to enforce. Valero Law represents employers who need fast injunctive relief against a former employee or business partner, as well as employees and professionals who need to know whether the restriction they signed can actually stop them from working. These non-compete cases move quickly, often beginning with a motion for a temporary injunction, so early advice matters.

Trust Litigation and Related Probate Disputes

Trusts are meant to provide clarity, but when a trustee mismanages assets, withholds information, or favors one beneficiary over another, the conflict can divide a family and drain the trust. As a Miami trust litigation attorney, David Valero represents beneficiaries who suspect self-dealing or mismanagement and trustees who have been unfairly accused. The firm’s trust litigation practice includes breach of fiduciary duty claims, demands for a complete trust accounting, challenges to trust amendments made under undue influence, and petitions for removing a trustee who cannot or will not do the job.

Under the Florida Trust Code, trustees owe beneficiaries duties of loyalty, prudence, and impartiality, along with a duty to keep qualified beneficiaries reasonably informed. When those duties are breached, a court can order an accounting, require the trustee to repay losses, and remove the trustee. Because trust disputes so often overlap with estate administration, Valero Law also handles related probate litigation, including will contests, disputes with personal representatives, and claims by disinherited heirs.

Trial and Appellate Experience Under One Roof

Many disputes do not end with the trial court’s ruling. Valero Law handles civil appeals before the Third District Court of Appeal in Miami and the Fourth District Court of Appeal in West Palm Beach, so clients do not have to hire a new firm to challenge or defend a judgment. Because the firm builds the trial record with a possible appeal in mind, important issues are preserved from the start.

A Personal, Hands-On Approach to Litigation

At larger firms, it is easy to feel like a file number. At Valero Law, you communicate directly with David from the first call. He responds quickly, explains each step in plain English, and makes sure you understand the strategy behind every decision. Every filing and court appearance is tailored to the facts of your case rather than a boilerplate plan, and you will always know where your matter stands.

Serving Miami-Dade County, Broward County, and South Florida

Valero Law represents clients throughout Miami-Dade County, including Miami, Coconut Grove, Coral Gables, Brickell, Miami Beach, Key Biscayne, Pinecrest, Aventura, Doral, Hialeah, and Kendall. In Broward County, the firm serves clients in Fort Lauderdale, Davie, Weston, Plantation, Hollywood, Pembroke Pines, and Coral Springs. Clients who own South Florida property but live elsewhere, including out-of-state heirs and international owners, can work with the firm through every stage of the case.

Frequently Asked Questions

Can I force the sale of a property I co-own in Florida?

In most cases, yes. Any co-owner can file a partition action, and if the property cannot be fairly divided, which is true of most homes and condominiums, the court can order a sale and divide the proceeds. A written agreement between the owners waiving the right to partition can limit that right, so the documents matter. Valero Law reviews the deed, any co-ownership agreement, and the payment history before recommending a strategy.

What happens to the money I put into a co-owned property?

Partition cases include an accounting, and an owner can often receive credit for mortgage payments, property taxes, insurance, and improvements paid beyond their share. Those credits come out of the sale proceeds, which is why careful documentation can make a significant difference in what you recover.

What should I do if I discover a forged deed on my property?

Act quickly. Get a copy of the recorded deed from the clerk’s official records, report the fraud to law enforcement, and contact an attorney before the property can be sold or mortgaged again. A forged deed is void under Florida law, but it remains in the public records until a court cancels it, usually through a quiet title action. Recording a lis pendens early puts potential buyers and lenders on notice while the case is pending.

Can a deed my parent signed before passing away be challenged?

Yes, if there is evidence that your parent lacked the mental capacity to understand the transaction, was pressured through undue influence, or never actually signed the deed. These claims often arise when a quitclaim deed transfers the family home to one child shortly before death. They involve both real estate law and probate law, which is why the firm handles them together.

Can a court dissolve an LLC if the members are deadlocked?

Yes. Florida law allows a member to ask a court to dissolve an LLC when the members or managers are deadlocked and the company is suffering or threatened with irreparable harm, when it is no longer reasonably practicable to carry on the business under its operating agreement, or when those in control have acted illegally or fraudulently. In many cases, a buyout of one member’s interest becomes the practical resolution.

Is my non-compete enforceable in Florida?

Florida is one of the most employer-friendly states for restrictive covenants. A non-compete is generally enforceable if it is in writing, signed by the employee, protects a legitimate business interest such as trade secrets or customer relationships, and is reasonable in duration and geographic scope. Higher earners may also be covered by the CHOICE Act, which allows longer restrictions in some cases. Whether you want to enforce a covenant or get out from under one, the specific wording of the agreement controls the analysis.

How do I remove a trustee in Florida?

A beneficiary, a co-trustee, or the person who created the trust can petition the court to remove a trustee for a serious breach of trust, a persistent failure to administer the trust effectively, a lack of cooperation among co-trustees, or other grounds recognized in the Florida Trust Code. The court can also order an accounting and require the trustee to repay losses caused by a breach. Gathering trust statements and communications before filing strengthens the petition.

Do I need a separate law firm for an appeal?

No. Valero Law handles appeals as well as trials. Trial work and appellate work require different skills, and the firm is equipped to represent you at whatever stage your case has reached.

Does anyone at the firm speak Spanish?

Yes. Hablamos español. If you are more comfortable discussing your case in Spanish, the firm can advise and represent you in your language of choice.

How much does a consultation cost?

Nothing. Valero Law offers a free initial consultation so you can explain your situation, ask questions, and get an honest assessment of your options before deciding how to move forward.

Call Valero Law for a Free Consultation

If you are dealing with a co-owner who will not sell, a deed you never signed, a business partnership that has broken down, a non-compete dispute, or a trustee who is not doing the job, call Valero Law to speak directly with David Valero. You will get a straight answer about your options and a clear plan for what comes next. Reach out today to schedule your free consultation.