Property ownership sometimes involves more than one person. Spouses, family members, business partners, or investors often share ownership of real estate. While joint ownership can work well for years, disagreements may arise when one owner wants to sell, divide, or otherwise separate their interest in the property.
In Florida, the legal process known as partition of property allows co-owners to resolve these disputes through the courts when they cannot reach an agreement on their own.
This guide explains the fundamentals of partition in Florida, including when a court may grant it and what outcomes owners should expect.
What Is Partition of Property?
Partition of property is a legal process that divides property between co-owners when they no longer wish to hold the property together.
Under Florida law, a co-owner generally has the right to request partition if the parties cannot agree on how to manage or dispose of the property.
Florida law specifically authorizes courts to divide jointly owned property, under Ch. According to Chapter 64 of the Florida Statutes, Florida Partition Statute, courts may order the physical division of the property or require a sale when division proves impractical.
Partition actions commonly arise in situations involving:
- Inherited property shared by siblings or relatives
- Real estate purchased by business partners
- Homes owned by unmarried couples
- Property retained jointly after divorce or separation
When negotiations fail, a partition action provides a legal path to resolve the dispute.
Types of Partition of Property in Florida
Florida courts typically consider two main types of partition:
- Partition in Kind (Physical Division)
- Partition by Sale
Partition in Kind (Physical Division)
Partition in kind divides the property into separate portions, allowing each owner to receive an individual section of the property.
Courts often prefer this option when the property can be divided fairly. For example, undeveloped land or large acreage may allow physical division without significantly reducing value.
However, this option becomes difficult when the property consists of a single structure such as a house or condominium.
Partition by Sale
If the property is indivisible or cannot be divided without prejudice to the owners, courts may order a partition by sale under Florida Statute 64.071.
In this scenario:
- The property is sold.
- The proceeds are distributed among the owners according to their ownership shares.
Who Can File a Partition Action?
Any co-owner of real property in Florida may file a partition lawsuit. This right generally applies regardless of how small the ownership interest may be.
Common ownership arrangements that allow partition include:
- Tenancy in common
- Joint tenancy with right of survivorship
- Some forms of inherited property ownership
The Partition Process in Florida
A partition action usually follows several steps in the Florida court system.
- Filing the Complaint
- Court Review of Ownership Interests
- Determining the Appropriate Type of Partition
- Sale or Division of the Property
1. Filing the Complaint
One co-owner begins the process by filing a partition lawsuit in circuit court where the property is located.
The complaint typically identifies:
- the property
- all owners with an interest
- the ownership percentages
- the requested form of partition
2. Court Review of Ownership Interests
The court reviews documents such as:
- deeds
- probate records
- purchase agreements
- mortgage documents
This review helps determine each party’s legal interest in the property.
3. Determining the Appropriate Type of Partition
The court evaluates whether the property can be divided fairly without prejudice to the owners, considering the nature and value of the property.
Courts generally examine:
- the nature of the property
- whether division would reduce market value
- whether physical division is practical
4. Sale or Division of the Property
If the court orders a partition by sale, the property may be sold through:
- a judicial sale
- a court-appointed agent or referee
- a private sale through a licensed real estate broker, as permitted by the court
After the sale, the court distributes proceeds among the owners according to their interests.
Expenses and Adjustments Between Co-Owners
Partition cases often involve more than simply dividing ownership shares. Courts have discretion to make equitable adjustments to account for contributions made by co-owners, such as payment of expenses that benefited the property.
For example, one owner may have paid:
- mortgage payments
- property taxes
- insurance
- major repairs or improvements
Courts may account for these contributions and make equitable adjustments before distributing sale proceeds or assigning property interests, ensuring that co-owners who paid more than their share receive appropriate credit.
Can Co-Owners Resolve Partition Without Court?
Yes. Many property disputes resolve through negotiation, mediation, settlement agreements before a court issues a final order.
Possible solutions include:
- one owner buying out the other’s interest
- voluntary sale of the property
- restructuring ownership agreements
These options may reduce legal expenses and provide greater control over the outcome.
However, when co-owners cannot reach an agreement, a partition action may provide a legal mechanism to move forward.
When Legal Guidance May Help
Partition cases often involve complex issues including property valuation, title examination, ownership documentation, equitable adjustments, and court procedures governed by Chapter 64 of the Florida Statutes. Because each situation presents unique facts and legal considerations, property owners frequently seek legal guidance when disputes arise.
A real estate attorney can help evaluate ownership rights, explain possible outcomes, and guide property owners through the partition process under Florida law.
For guidance tailored to your situation, contact Apfelbaum Martinez Law to discuss how Florida law may apply to your property dispute and explore the legal options available.
