§ 872.130.Temporary Restraining Orders and Injunctions

Property tied up in a partition dispute is vulnerable while the case is pending -- a co-owner might strip fixtures, let the property deteriorate, or try to sell or encumber it out from under the others. This section gives the court injunctive tools to head that off. It may issue a temporary restraining order or an injunction, with or without requiring a bond, for three purposes: preventing waste, protecting the property or the title to it, and restraining anyone from unlawfully interfering with a partition the court has ordered.

That last purpose has real teeth once a court reaches the manner-of-partition stage under §§ 872.810 through 872.840 -- an injunction under this section can stop a party from obstructing a court-ordered division or sale while it's carried out. Because the court can waive the bond requirement, a party seeking this relief isn't automatically saddled with the cost and complexity of posting one.