When Can I File for Partition of Property in Florida?

Brown gavel on sound block and small wooden house model on judge's table in courtroom during court hearing

A person can file for partition of property in Florida at almost any time they co-own a home or land with someone else and want to end that joint ownership. Florida law generally grants any co-owner the right to ask a court to divide the property or sell it so the owners can split the money. This process is available whether the owners are siblings who inherited a house in Coral Gables or former partners who bought a condo in Miami together but can no longer agree on what to do with it.

Because the law views property ownership as a fundamental right, one owner usually cannot force another to remain tied to a piece of real estate against their will.

Key Takeaways about When You Can File for Partition of Property in Florida

Florida law allows any co-owner of real estate to file a lawsuit to divide or sell the property.
The legal process for these cases is governed by Chapter 64 of the Florida Statutes.
Property can be divided physically or sold at auction with the money being split among owners.
Co-owners may receive credit for taxes, insurance, and repairs they paid for while owning the property.
Legal proceedings for partition usually take place in the county where the land is located.

Understanding the Partition of Property in Florida

When two or more people own land together, they are called “cotenants.” Sometimes, life changes make it difficult to keep that shared ownership. Perhaps one person wants to sell to move to a different part of Miami-Dade County, while the other wants to keep the family home forever. When owners reach a standstill, the partition of property in Florida serves as a legal solution to break the tie.

The law regarding these cases states that any of the owners can initiate the process by filing a complaint in court. You do not need the permission of the other owners to start this legal action. The court’s job is to look at the property and the owners’ interests to decide the fairest way to separate them.

Common reasons people seek a partition include:

Inheriting a home with siblings who cannot agree on whether to rent it out or sell it.
Ending a romantic relationship where both names are on the deed, but the couple is not married.
Ending a business partnership where real estate was part of the joint venture.
One owner refusing to pay their share of the property taxes or upkeep.

By choosing this path, owners can move forward with their lives and their finances. It provides a structured way to settle disputes that might otherwise last for years.

Types of Property Division

In a partition of property in Florida, the court looks at two main ways to solve the problem. The first is called “partition in kind.” This means the court physically draws a line on a map and gives each person a specific piece of the land. This is more common with large plots of vacant land or farms.

The second, and much more common type for residents in areas like Coral Gables, is “partition by sale.” Since you cannot easily chop a single-family house in half, the court orders the home to be sold. Once the home is sold, the money is used to pay off any mortgages and costs, and then the remaining cash is handed to the owners based on their percentage of ownership.

The court process usually involves several steps:

Filing a formal complaint in the circuit court.
Notifying all other owners and anyone with a claim to the land, like a mortgage company.
Determining the ownership percentage of each person involved.
Appointing a “special magistrate” or “commissioners” to handle the sale or division.

Once the sale is finalized, the court signs an order to distribute the money. This ensures that everyone receives what they are legally entitled to based on the deed and their contributions to the home.

Credits and Offsets in Partition Cases

One of the most important parts of a partition of property in Florida is the accounting phase. This is where the court looks at who spent money on the property. If one person lived in the house in Miami and paid for a new roof, property taxes, and the monthly mortgage while the other person did nothing, the person who paid may get “credits.”

These credits are subtracted from the other person’s share of the money after the sale. This helps make the outcome fair for the person who took care of the investment. The court may look at several factors:

Payments made toward the principal and interest of a mortgage.
Money spent on necessary repairs that kept the property from falling apart.
Payment of annual property taxes to the Miami-Dade County Tax Collector.
The “rental value” of the property if one owner lived there while keeping the others out.

Keeping good records is vital during this time. Having receipts and bank statements makes it much easier to prove to the court why you should receive a larger portion of the sale price.

Moving Toward a Resolution

Dealing with shared property can feel like a heavy burden, especially when the other owners are family members or former friends. The legal system in Florida is designed to handle these exact situations with fairness and clarity. While it might seem intimidating to start a lawsuit, it is often the only way to protect your financial future and get your equity out of a property.

Many people find that once the legal process starts, the other owners become more willing to talk. Sometimes, filing for a partition of property in Florida leads to a private settlement where one owner buys out the other. This can save time and money compared to a full court-ordered auction. Whether the case goes all the way to a sale or ends in a buyout, the goal is to give you the freedom to move on.

The process aims to be transparent so everyone knows what to expect. By following the steps laid out in the law, you can reach a conclusion that honors your rights as a property owner.

Florida Partition of Property FAQs

The legal system has specific rules for how property is handled, and many people have questions about how these rules apply to their unique family or financial situations.

Can I stop a partition sale if I live in the house?

In most cases, you cannot stop a partition sale simply because you are living in the home. If a co-owner has a legal right to file for partition, the court will generally allow the case to proceed. However, if the property is your legal homestead, there may be specific protections regarding how the sale is handled or how the proceeds are protected from creditors.

How long does it take to finish a partition case in Miami-Dade?

The timeline for a partition of property in Florida varies depending on how much the owners disagree. If everyone agrees to sell quickly, it could take a few months. If there are heated disputes over who paid for repairs or who owns what percentage, the case could take a year or longer. The court’s schedule in the local circuit also plays a role in the timing.

Who pays the attorney fees in a partition lawsuit?

Florida law allows the court to order that attorney fees be paid out of the proceeds of the property sale. This means that all owners essentially contribute to the legal costs of the partition, as the fees are taken “off the top” before the remaining money is split. This rule exists because the partition is seen as a benefit to all owners by allowing them to receive their share of the property’s value.

Can a person file for partition if there is a mortgage on the home?

Yes, you can file for partition even if there is an active mortgage. The bank or mortgage company must be notified of the lawsuit because they have a “lien” or a legal claim on the property. When the house is sold, the mortgage is paid off first, and then the owners split whatever money is left over.

What happens if the property is worth less than the mortgage?

If a property is “underwater,” meaning the mortgage is higher than the home’s value, a partition can be much more complicated. In these cases, a sale might not result in any money for the owners. It is important to look at the current market value in the local Miami area before starting the process to make sure it makes financial sense.

Secure Your Property Rights Today

Peter Dyson – Property Partition Lawyer

When you are facing a stalemate with co-owners, you need a team that understands the local real estate landscape and the complexities of Florida law. At The Estate Plan, we focus on helping families in Coral Gables and throughout Florida protect their interests and find a clear path forward.

Our compassionate professionals listen to your concerns and work to find creative solutions that bring you peace of mind. Whether you are dealing with an inherited property or a joint investment gone wrong, we are here to provide the guidance you need. Contact The Estate Plan today to discuss your situation and learn how we can help you move forward with confidence.

Published On: January 4, 2026