Understanding Partition Lawsuits in Florida
When two or more people co-own real estate in Florida and can’t agree on what to do with it, any co-owner has the right to file a partition lawsuit. Chapter 64 of the Florida Statutes governs these types of cases and outlines how courts divide or sell jointly owned property.
What Is a Partition Action?
A partition lawsuit is a legal process that allows a co-owner of real estate to ask the court to divide the property or force a sale, so each owner can receive their fair share.
Who Can File: Any co-owner of real estate can file a partition action—even if they own only a small percentage of the property.
Who Must Be Involved: All other co-owners must be named in the lawsuit. Sometimes others, like lienholders, must be included too.
What the Court Can Do:
If the property can be fairly divided (like splitting a piece of land), the court may order a partition in kind.
If dividing the property isn't practical (such as with a single-family home), the court can order a partition by sale—and divide the sale proceeds among the owners.
Sale Process: When the court orders a sale, it may appoint a special magistrate or allow the property to be sold publicly, often through judicial sale procedures.
Expenses & Reimbursements: Courts can also decide how to fairly split costs, like taxes, mortgage payments, repairs, and attorney’s fees among the co-owners.
Why File for Partition?
Partition actions are common when:
Co-owners inherit property and disagree on its use or sale.
Former partners or investors can’t reach an agreement.
One co-owner wants to sell, but the others refuse.
Need Help with a Partition Dispute?
DLC represents clients in disputes over jointly owned residential or commercial property when co-owners cannot agree on its use or disposition. We guide clients through the legal process of partition, which may involve negotiating a voluntary sale, filing a lawsuit to force a sale, or requesting a physical division of the property if feasible. We always protect our client’s financial interests, and work to secure a fair resolution, whether through settlement or court-ordered sale. Our goal is to help clients exit unwanted co-ownership while maximizing their share of the property's value. If you or your company co-owns property in Florida and are facing disagreements with other owners, our firm can help you understand your rights and options under Florida’s partition laws.