When multiple people own real estate together in Florida, things don’t always go as planned. Maybe the co-owners inherited the property together, or perhaps they bought it jointly as an investment or a vacation home. But what happens when one or more co-owners want to sell the property and the others don’t? Or if they can’t agree on how the property should be used or maintained? In Florida, the legal remedy for these kinds of disputes is called a partition action.
What Is a Partition Action?
A partition action is a legal process used to divide real estate among co-owners when there is disagreement about what to do with the property. It allows one or more owners to force the division or sale of the property through the courts.
In Florida, partition actions are governed by Chapter 64 of the Florida Statutes. This law allows any co-owner of a property—whether the ownership is as joint tenants, tenants in common, or in some cases, even spouses—to request a partition when there’s no written agreement preventing it.
There are generally two types of partition:
- Partition in Kind: This means the court physically divides the property among the owners. This is more common with large parcels of land, like undeveloped acreage or farmland, where each party can be given a portion.
- Partition by Sale: If the property cannot be fairly divided—for example, a house or condo—the court will usually order the property sold and the proceeds divided according to each person’s ownership share.
When Is a Partition Action Necessary?
Partition actions are usually filed as a last resort. They become necessary when co-owners can’t agree on how to manage or dispose of the property and no other resolution can be reached. Here are some common situations where a partition action might be needed:
1. Inherited Property
It’s common for siblings or extended family members to inherit property together after a parent or relative passes away. While intentions are usually good, conflicts often arise. One sibling might want to sell the home, another may want to live in it, and another might not want to do anything at all. When there’s no consensus, a partition action can resolve the deadlock.
2. Unmarried Couples or Friends Who Bought Property Together
Two people may have purchased a home together as an investment or as a shared residence. If the relationship ends or one party wants to move on, and they can’t agree on what to do with the property, a partition action can help force a resolution.
3. Real Estate Investment Disputes
Sometimes, business partners or groups invest in property together with the idea of developing or flipping it. If the market changes, or they have differing ideas about the next steps, one or more partners may want out. A partition action provides a legal exit strategy.
4. Disagreements About Property Use or Expenses
Even if no one wants to sell, co-owners may argue about how a property should be used, rented out, improved, or who should pay for upkeep. If the disagreements are serious enough, and one party refuses to compromise, a partition action might be the only option.
How the Partition Process Works in Florida
To begin the process, one or more of the co-owners must file a lawsuit in the appropriate Florida court. The complaint should state that the property is owned by multiple people and that partition is desired.
The court will first determine if the party requesting partition has a legal right to do so. Assuming they do, the court will then decide whether the property can be physically divided or must be sold.
If a sale is necessary, the court may appoint a special magistrate or commissioner to oversee the sale. After the property is sold, the proceeds are distributed among the owners based on their respective shares, minus any expenses, liens, or attorney’s fees.
Can Partition Be Avoided?
Yes, and ideally it should be. Partition actions can be time-consuming, costly, and may create long-term conflict between the parties involved. One of the best ways to avoid the need for a partition lawsuit is to have a written agreement in place before entering into co-ownership. This agreement can outline each person’s rights, responsibilities, and a clear process for resolving disputes or selling the property in the future.
In cases where an agreement already exists, it may prevent or limit the ability to file a partition action altogether.
Final Thoughts
Co-owning property can work well when everyone is on the same page—but life doesn’t always go according to plan. In Florida, a partition action offers a legal solution when co-owners are at an impasse. Whether it results in a division or a court-ordered sale, it provides a clear path forward when negotiations have broken down.
If you’re facing a situation like this, it’s important to understand your rights and responsibilities as a property co-owner—and to explore all available options before going to court.
This post was written by a professional at Bonardi & Uzdavinis, LLP. Bonardi & Uzdavinis, LLP is a boutique, full service law firm providing its clients with a wide range of representation. Our primary areas of practice include foreclosure lawyer Parrish FL, probate, personal injury, construction, and commercial litigation. If you are looking for a real estate attorney or personal injury attorney in Tampa Bay contact us today for a case evaluation today!