Rule 1.222.Transfer of interest
Division II: Actions, Joinder of Actions and Parties · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.222
Plain-English Summary
Litigation over property or a claim can outlast a single owner's interest in it. Rule 1.222 confirms that a transfer of an interest in a pending action does not end the case. The lawsuit keeps going despite the change in ownership of the underlying interest.
What the transfer can do is prompt the addition of new parties. Rule 1.222 allows the transfer to be the occasion for bringing in whoever now holds the transferred interest, so the case reflects who currently owns the stake in dispute. That joinder is not automatic under this rule's own terms; the transfer opens the door to it when the circumstances call for a new party to be added.
Frequently Asked Questions
If someone transfers their interest in property while a lawsuit about it is pending, does the case end?
No. Rule 1.222 says a transfer of an interest in a pending action does not abate it; the case continues.
Does a transfer of interest during litigation require adding the new owner as a party?
Not automatically. Rule 1.222 says the transfer may be the occasion for bringing in new parties, meaning it can prompt joinder rather than compel it in every case.
Who would typically be added as a party after a transfer of interest under this rule?
The person or entity who now holds the interest that was transferred during the pendency of the action.
Does this rule apply to any transfer of interest, or only transfers of real property?
The rule's text is not limited to real property; it refers generally to a transfer of an interest in a pending action.
What is the practical effect of Rule 1.222 for a party planning to transfer an interest mid-litigation?
It confirms that the pending case will not be defeated because the interest changed hands, though the party may still need to address bringing the new interest-holder into the case.