What Is a Partition Action in Florida?

There are times when two or more people may own a piece of property, and they may simply not be on the same page. The situation may become so untenable that they may need to involve a court to either divide the property between the owners or order a sale. This legal outcome is called a partition, and it is the last resort for co-property owners who are locked in difficult disagreements with each other. You should always seek the help of a Florida partition lawyer, who can work to protect your interests throughout the process.

How Disputes Over Real Estate Can Lead to Partition in Florida

Disputes over real estate in Florida, particularly when multiple people co-own a property, can often lead to a legal action known as partition. Partition becomes necessary when co-owners cannot agree on the use, sale, or management of jointly owned property. This situation commonly arises among heirs who inherit real estate together, former couples, or business partners who purchase property jointly and later disagree on its disposition.

Under Florida law, any co-owner has the right to file a partition lawsuit, regardless of the percentage of their ownership interest. If the court finds that a partition is appropriate, it will typically order one of two outcomes: partition in kind (physically dividing the property, which is rare for residential real estate) or, more commonly, partition by sale (selling the property and dividing the proceeds among the owners).

Partition can be a powerful but contentious remedy, especially if one co-owner wishes to keep the property while another insists on selling. These lawsuits often involve disputes over the fair value of the property, accounting for expenses paid by each party, or contributions toward maintenance and taxes.

The Two Types of Partition Actions in Florida

In Florida, there are two types of partition actions: partition in kind and partition by sale. Partition in kind involves the physical division of the property among the co-owners. This is typically used when the land is large, undeveloped, or easily divided without diminishing its value. Each co-owner receives a separate and distinct portion based on their ownership interest.

Partition by sale, the more common type, is used when the property cannot be practically or fairly divided. In this case, the court orders the property to be sold—often through a judicial auction or private sale—and the proceeds are divided among the owners according to their ownership percentages. The court may also consider contributions for taxes, mortgage payments, and improvements when distributing funds.

Can a Partition Action Be Avoided in Florida?

Partition can often be avoided if co-owners are willing to cooperate and reach a mutual agreement. Instead of going through a costly and time-consuming lawsuit, co-owners may agree to sell the property voluntarily and divide the proceeds, buy out one another’s interest, or restructure ownership through a legal agreement.

Mediation or legal negotiation with the help of a real estate attorney can be especially effective in finding common ground. Avoiding partition is usually in everyone’s best interest, as it gives co-owners more control over the outcome and helps preserve relationships and financial resources.

How a Real Estate Lawyer Can Help with a Partition Action in Florida

A Florida real estate lawyer can play a vital role in guiding co-owners through the partition process in Florida, which can often be legally complex and emotionally charged. Whether you are initiating or defending a partition action, an experienced property partition attorney ensures that your rights and financial interests are protected every step of the way.

First, a property partition lawyer will evaluate your situation to determine if partition is appropriate and explain your legal options. If a lawsuit is necessary, the attorney can prepare and file the partition complaint, ensure all co-owners are properly named, and handle service of process and court procedures.

During the litigation, your lawyer can present evidence about your financial contributions to the property, such as mortgage payments, taxes, or improvements, and they can argue for appropriate reimbursement or credit in the final distribution. If the court orders a sale, your attorney can help oversee the process, object to an unfair valuation, or negotiate terms for a private sale that may yield better results than a public auction.

A Florida Real Estate Attorney is Standing By

A real estate lawyer skilled in property partitions can work toward an out-of-court settlement that avoids prolonged litigation, saving time and money. With local knowledge of Florida’s partition laws and court procedures, a real estate attorney is an essential advocate in protecting your property rights. Call today to protect your property rights.