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Florida Partition Action Attorneys
When co-owners of Florida real estate can’t agree on what to do with the property, a partition action gives you a way to force a resolution through the courts. Dutton & Salta represents heirs, co-owners, and investors in partition disputes throughout Florida.
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Partition Actions in Florida
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 known as a partition action. A partition action allows a co-owner to ask the court to divide or sell the property and distribute the proceeds fairly.
What Is a Partition?
Co-owning property can become complicated when the owners no longer agree on what should happen next. One owner may want to sell while another wants to keep the property. Family members may inherit a home and disagree about repairs or expenses, or former partners may continue to own property together long after their relationship has ended.
In Florida, a partition action allows a co-owner to ask the court to resolve that deadlock. It often involves more than determining ownership percentages: the court may also consider each owner’s financial contributions, such as mortgage payments, taxes, insurance, maintenance costs, improvements, and rental income or occupancy credits. These factors can affect how the property is split or how the sale proceeds are ultimately distributed.
When owners cannot reach an agreement on their own, a partition action provides a legal path to resolve the dispute, protect each owner’s rights, and move forward with certainty. Under Florida law, there are three types of partition actions, and which one applies depends on the property and the circumstances.
Partition in Kind
When the property is of substantial size, it can sometimes be physically divided. This allows each owner to receive title to a specific portion of the land.
Partition by Sale
When the court cannot physically divide the property, it will instead order the property sold, either through a county auction or through a Special Magistrate. A Special Magistrate in a partition action is an individual appointed by the court to list and sell the property through the Multiple Listing Service (MLS), either by retaining a realtor or by virtue of being a realtor themselves. In most instances, the Special Magistrate has the authority of the court to sign on behalf of the owner.
Uniform Partition of Heirs Property Act (UPHPA)
The Uniform Partition of Heirs Property Act (UPHPA) is a Florida law that provides additional protections for families who inherit or receive property together. When the property qualifies under the UPHPA as “heirs property,” the court is required to follow specific procedures to preserve family ownership. Rather than immediately ordering a sale, co-owners are given the opportunity to purchase the interest of the owner seeking partition.
Related Practice Areas
When Is a Partition Action Necessary?
A partition action is needed when co-owners of real estate can no longer agree on what to do with the property and no voluntary resolution is possible. Every case is unique, but there are some common situations where a partition action makes sense.
Inherited Property With Disagreeing Heirs
Siblings or other relatives may inherit property together but find they cannot agree on what to do next. They may disagree about whether to sell it, keep it in the family, who is responsible for expenses, or which heir should remain in the home. When heirs reach a standstill, a partition action offers a path forward.
Property Owned by Former Couples
Unmarried couples may buy a home together and later separate, without a divorce court available to divide the property. In many cases, one partner is still living in the property alone after the breakup while both remain liable for the mortgage, and the owner without possession may be unable to qualify for a new mortgage while still tied to the existing one. A partition action can resolve the continued co-ownership and free both parties to move on.
Investment or Business Property
Friends, investors, or former business partners may jointly own rental property, or may have bought a home together to renovate and resell, only to find circumstances have changed and they now disagree about management, repairs, tenants, refinancing, or the terms of a proposed sale. Once the arrangement has broken down, a partition action may be the most practical option for ending shared ownership and moving forward.
One Owner Controls the Property
A co-owner may reside in the property, collect rent, deny the other owner entry, and make unilateral decisions without input from the other owners, all while the excluded co-owner remains responsible for the mortgage, taxes, insurance, or maintenance. A partition action can end this imbalance and restore each owner’s rights.
Ownership or Expense Disputes
Co-owners may even agree that the property should be sold but dispute exactly how the proceeds should be divided. If one owner has paid a disproportionate share of the mortgage, taxes, insurance, repairs, or improvements, they may be entitled to a larger share of the sale proceeds, and a partition action allows the court to account for these contributions and credit them accordingly.
How the Partition Process Works in Florida
Although the process can vary depending on the property and the disputes among the owners, a Florida partition action typically follows these steps.
1. Identify the Owners and Determine Which Partition Law Applies
The title and ownership history must be analyzed to determine all owners, including their respective interests in the property, and whether the property qualifies as heirs property. If so, the court applies the Uniform Partition of Heirs Property Act, found in Part II of Chapter 64, Florida Statutes.
2. File the Partition Action and Serve the Necessary Parties
The action is filed in the applicable Florida circuit court. All owners and other necessary parties must be served and given notice so they can file a responsive pleading or otherwise assert their interests in the property.
3. Determine Whether the Property Can Be Divided or Must Be Sold
A partition in kind physically divides the property among the owners. A partition by sale instead sells the property, with proceeds distributed to the owners afterward. The court determines which approach fits the particular case.
4. Resolve Any Buyout and Enter the Partition Order
If the property qualifies as heirs property, the parties may opt for a buyout of the interest of the party requesting partition. The court will determine the value of the property and set a method for completing the buyout, subject to the accounting described below. For partitions by sale, the court will order the property sold and either appoint a Special Magistrate to list and sell it on the private market or direct a public auction.
5. Complete the Accounting and Final Distribution
An equitable accounting is made to ensure each owner receives any credits or offsets due to them, such as property expenses or income, along with any other benefits or liabilities associated with the property. If the property was sold, proceeds are distributed to the owners after repaying liens, mortgages, and other sale-related expenses. In the case of a buyout, the accounting may be used to adjust the buyout price or the final distribution among the owners.
Possible Outcomes
Every partition case is different, and the outcome depends on the property, the relationship between the co-owners, and whether an agreement can be reached. While many cases settle before trial, courts have several options for resolving a partition dispute.
Buyout or Settlement
Some partition actions end with a negotiated settlement. The co-owners may agree for one to purchase the other’s interest, allowing the property to remain with someone who wishes to keep it. The parties may also agree to sell the property privately and divide the proceeds, or negotiate how expenses and other financial issues will be resolved.
Partition in Kind: Physical Division of the Property
When practical, the court may divide the property so each owner retains a separate portion. This physical division is most common with vacant land or large tracts that can be fairly divided without significantly reducing value.
Court-Supervised Sale and Distribution
If the property cannot be divided, the court may order it sold, either through an appointed real estate broker or another method such as auction. After the sale, the court determines how net proceeds are distributed, typically through an equitable accounting that weighs each owner’s ownership interest, mortgage payments, taxes, insurance, maintenance expenses, improvements, rental income, and other contributions.
Florida Partition Law and Courts
Governing Florida Statutes
Part I of Chapter 64, Florida Statutes, governs traditional partition actions, including venue, necessary allegations, judgments, physical division, sales, costs, taxes, and attorney fees. Part II, sections 64.201 through 64.214, contains Florida’s Uniform Partition of Heirs Property Act. When property qualifies as heirs property, the Act adds procedures involving valuation, cotenant buyout rights, partition alternatives, and open-market sales.
Which Court Handles a Partition Action?
A partition action is generally filed in Florida circuit court because it is an equitable action involving interests in real property. Section 64.022 requires the case to be brought in the county where the property, or part of it, is located. Section 26.012 gives circuit courts exclusive original jurisdiction over equitable cases and actions involving title to real property.
Why Choose Dutton & Salta for Your Partition Case
At Dutton & Salta, partition actions are the cornerstone of our practice. We have represented co-owners, heirs, families, and investors throughout Florida in partition disputes. Because every case is unique, we take the time to understand your goals and recommend the strategy that protects your interests, whether that means negotiating a buyout or pursuing a court-ordered sale.
We understand that partition cases often involve more than determining ownership. Financial issues such as mortgage contributions, maintenance expenses, improvements to the property, rental income, and occupancy credits can significantly impact the outcome of a case. Our experience with these issues, combined with clear communication and practical guidance, helps clients make informed decisions and protect their interests throughout the process.
Robert Salta, founding partner, is admitted to the Florida Bar (Bar No. 1022665) and has practiced law in Florida since 2020. He is a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.
Corrie Dutton, founding partner, is admitted to the Florida Bar (Bar No. 1032315) and has practiced law since 2019, licensed in Florida since 2021. She is also a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.
Areas We Serve
Dutton & Salta represents clients in real estate, probate, and property disputes throughout all 67 counties in Florida.
- Hillsborough County
- Orange County
- Pinellas County
- Manatee County
- Pasco County
- Sarasota County
- Polk County
- Miami-Dade County
Don’t see your county listed? We represent clients across the entire state of Florida. Contact us to discuss your case.
Frequently Asked Questions About Partition Actions in Florida
Can I force the sale of jointly owned property in Florida?
Yes. A co-owner can ask a Florida court to divide or sell jointly owned real estate even when the other owners do not agree. The person requesting partition must have a valid ownership interest in the property, and all other owners and necessary parties must be included in the lawsuit. A co-owner cannot normally block the sale simply because they do not agree or wish to retain the property.
How long can a partition action take?
The timeline varies depending on the complexity of the case and whether there are disputes over ownership or expenses. A partition action may take several months to more than a year, particularly if the property remains on the market for an extended period before it sells. Cases can take longer when owners dispute their ownership percentages, request extensive financial accountings, contest the property’s value, or disagree about the method or terms of sale.
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.
Can a co-owner stop or defend against a partition action?
A co-owner generally cannot prevent partition when the person filing the lawsuit has a valid ownership interest. However, a co-owner can attempt to purchase the petitioner’s interest or negotiate a settlement to avoid a forced sale of the property.
What if I want to keep the property but another co-owner wants to sell?
You may be able to keep the property by purchasing the other co-owner’s interest or negotiating a settlement before the property is sold. If the property qualifies as heirs property, co-owners who have been served with a partition lawsuit may formally request to purchase the ownership interest of the moving party.
Can I recover mortgage payments, property taxes, repairs, or other expenses?
A co-owner may receive a credit for more than their fair share of certain property expenses, but reimbursement is not automatic. The court may consider mortgage payments, property taxes, insurance, maintenance, necessary repairs, improvements, rental income, and other financial benefits or obligations when completing the equitable accounting.
Will the property be sold at auction or through a real estate agent?
A partition property may be sold through a public auction or through a court-supervised private sale. In a private sale, the court may appoint a Special Magistrate with authority to list the property through the MLS, work with a real estate agent, accept an appropriate offer, and complete the documents necessary for the sale.
What happens to mortgages and liens when jointly owned property is sold?
Mortgages and valid liens are generally paid from the sale proceeds before money is distributed to the co-owners. The court may also address property taxes, association balances, sale expenses, and other obligations that must be resolved so the purchaser receives clear title.
Sources: Chapter 64, Florida Statutes — Partition of Real Property, Uniform Partition of Heirs Property Act, §§ 64.201–64.214, Florida Statutes,§ 64.022, Florida Statutes — Venue
Attorney Review: Robert Salta, Florida Bar No. 1022665
Last Reviewed: 08/04/2026