When multiple individuals share ownership of a piece of real estate, disagreements can arise about how the property should be used, maintained, or sold. In Florida, when co-owners cannot agree on the future of their jointly owned property, a legal action called a partition can be used to force a division or sale of the property. Partition actions are governed primarily by Chapter 64, Florida Statutes.
In this blog, we’ll break down what a partition action is, who can bring one, the different types of partition, and how the process generally works in Florida courts.
What Is a Partition Action?
A partition action is a lawsuit filed by one or more co-owners of real estate seeking to divide the property among the owners or to force the sale of the property and distribute the proceeds. Partition is considered a right of ownership — meaning that if you own property jointly with another person, you generally have an absolute right to seek partition, even if the other owners object.
Partition actions are most common in situations such as:
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Siblings inheriting property together through probate
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Unmarried couples who jointly purchased real estate
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Friends or business partners jointly investing in property
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Divorced spouses still listed as co-owners on property deeds
Who Can Bring a Partition Action?
Under Florida law, any co-owner of real property — whether as tenants in common, joint tenants with right of survivorship, or in certain cases even holders of life estates — can bring a partition lawsuit.
It does not matter how large or small the ownership interest is. A person with a minority interest (even 1%) can file a partition action against the other owners.
Types of Partition in Florida
Florida recognizes two main types of partition:
1. Partition in Kind
Partition in kind is the physical division of the property into distinct parcels, with each owner receiving a portion corresponding to their ownership interest.
This method works best when the property can be fairly divided without reducing its overall value — for example, undeveloped land. However, partition in kind is often impractical for residential homes or commercial buildings, where physically splitting the property would destroy its value or usability.
2. Partition by Sale
When a physical division is not practical, Florida courts will order a partition by sale. The property is sold, and the proceeds are divided among the owners based on their respective interests. The sale can occur through a judicial auction or sometimes through an agreed-upon private sale.
Partition by sale is the most common outcome in Florida partition actions involving homes or developed properties.
The Partition Process in Florida
A partition action typically proceeds as follows:
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Filing the Complaint: A lawsuit is filed in the county where the property is located. The complaint must describe the property, the parties' ownership interests, and request either partition in kind or by sale.
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Determination of Interests: The court determines each party’s ownership share. If necessary, evidence like deeds, probate documents, or contracts will be reviewed.
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Appointment of a Special Magistrate: The court may appoint a third-party magistrate or commissioner to oversee the division or sale of the property.
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Division or Sale: If partition in kind is possible, the property will be divided accordingly. Otherwise, it will be sold, usually at a public auction.
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Distribution of Proceeds: Sale proceeds are distributed among the co-owners after payment of court costs, attorney’s fees, and any adjustments for expenses one co-owner may have paid for taxes, maintenance, or improvements.
Special Issues in Partition Actions
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Offsets and Credits: Co-owners who have paid more than their fair share of property expenses (such as mortgage payments, taxes, or repairs) may seek reimbursement before the proceeds are distributed.
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Defenses: Although a right to partition is generally absolute, defendants can raise defenses such as waiver (e.g., agreeing not to partition) or equitable considerations (e.g., partition would cause undue hardship).
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Partition Agreements: Co-owners can avoid litigation by entering into a private agreement on how the property will be divided or sold.
Conclusion
Partition actions in Florida can be complicated, especially when there are disputes over ownership percentages, expenses, or the method of sale. If you are involved in a co-ownership dispute over real property, it is crucial to consult with an experienced Florida attorney. Proper legal guidance can help protect your interests, whether you are seeking to initiate a partition or defending against one.
If you have questions about partition of property in Florida, our firm is ready to help. Contact us today to discuss your situation.
Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
