Florida Partition Attorneys
Force the Sale of Jointly Owned Property When Co-Owners Cannot Agree
When real estate is owned by more than one person, disputes are common. Whether the property was inherited, purchased with a partner, or held as an investment, disagreements about selling, occupying, or managing the property can bring everything to a standstill. Florida law provides a solution. A partition action allows a co-owner to ask the court to divide or sell the property and distribute the proceeds fairly.
Our firm represents property owners throughout Florida in partition actions under Chapter 64, Florida Statutes. If you are stuck in an ownership dispute and cannot reach an agreement with the other owners, a partition lawsuit may be the most direct way to protect your financial interest and move forward.
What Is a Partition Action?
A partition action is a lawsuit filed by one or more co-owners of real property against the other owners when they cannot agree on what to do with the property. In Florida, the right to partition is generally absolute. You do not need permission from the other owners to file.
In most residential cases, the court orders the property sold and the net proceeds divided among the owners according to their ownership interests, with adjustments made for contributions such as mortgage payments, property taxes, insurance, and necessary maintenance.
How a Florida Partition Case Works
A partition case begins with the filing of a lawsuit in the county where the property is located. All co-owners and any parties with an interest in the property are brought into the case. The court determines each party’s ownership interest and whether the property can be physically divided or must be sold.
In most cases involving homes or improved property, the court orders a sale rather than a physical division. The sale may occur through a court-appointed special magistrate or another court-approved process. After the property is sold, the court oversees the distribution of proceeds, including reimbursement for qualifying expenses paid by one owner on behalf of the property.
When prior owners pass away without proper probate, heirs with potential ownership interests may later emerge.
Partition by Sale vs. Partition in Kind
Partition by sale is the most common outcome in Florida, particularly for single-family homes, condominiums, and rental properties.
Partition in kind involves physically dividing the land into separate parcels and is rare, especially where division would reduce the value of the property.
Heirs Property and the Uniform Partition of Heirs Property Act
Florida law recognizes that inherited property often carries deep family history and emotional significance. In 2020, Florida adopted the Uniform Partition of Heirs Property Act.
Property may qualify as heirs property when an ownership interest is derived from a relative, whether that relative is living or deceased. Not all owners must be related for the Act to apply. The statute may apply so long as at least twenty percent of the ownership interests are held by an individual who received title from a family member.
How the Heirs Property Act Affects Partition Cases
When property qualifies as heirs property, the Act imposes additional procedural safeguards that must be completed before a court may order a sale. These safeguards may include enhanced notice requirements, an independent court-ordered appraisal, opportunities for co-owners to buy out other ownership interests, and heightened standards governing how and when a sale may occur.
The purpose of the statute is to prevent unnecessary forced sales while still providing a mechanism to resolve ownership disputes. Because these procedures differ from traditional partition cases, errors in applying the Act can result in significant delays, increased costs, or reversible mistakes.
Why Having the Right Attorney Matters
Partition cases often involve disputes over valuation, reimbursement, possession, sale terms, and financial contributions made by one owner on behalf of the property. Heirs property cases add an additional layer of statutory complexity that may be overlooked by less experienced attorneys, potentially stalling the sale, undermining leverage, or exposing a client to unnecessary expense.
Dutton & Salta have collectively handled hundreds of partition actions and heirs property cases throughout Florida. We understand the procedural pitfalls that delay cases and how to move matters efficiently toward resolution.
Related Practice Areas
Frequently Asked Questions About Florida Partition Actions
How long does a partition action take in Florida?
The timeline for a partition case can vary depending on whether the case is contested and how long the property remains on the market. In uncontested cases, a partition action may be resolved in as little as six months. On average, most partition cases take around one year, though more complex or heavily disputed cases may take longer.
What if I want to buy out the property instead of selling it?
If the property qualifies as heirs property, the court may order or permit a buyout of ownership interests, particularly where a defendant wishes to retain the property. If the property does not qualify as heirs property, a buyout can often be addressed through mediation or settlement negotiations.
What happens if a co-owner prevents me from entering the property?
If a co-owner excludes you from accessing the property, this may constitute ouster. Ouster can be asserted as a separate claim within a partition action. As a co-owner, you generally have the right to access the property absent a prior court order or injunction. If ouster is established, you may be entitled to compensation for the fair rental value of the property during the period you were excluded. Reach out to Dutton & Salta and discuss what options may be available to you.