Filing a Partition Action in Florida, Step by Step
How to file a partition action in Florida is a question co-owners of property often face when they can no longer agree on what to do with shared real estate. A partition action is a legal proceeding that allows co-owners to force the division or sale of jointly owned property through the courts. Whether you inherited property with siblings or purchased real estate with a business partner, Florida law provides a clear path to resolution. Hughes Real Estate Law regularly handles partition actions throughout Broward County and South Florida.
What Is a Partition Action in Florida?
A partition action in Florida is a civil lawsuit that allows any co-owner of real property to force the division or sale of that property. Under Florida Statutes Chapter 64, any co-owner — regardless of ownership percentage — has the right to file for partition. The main exception is property owned by spouses as tenants by the entirety, which generally cannot be partitioned while the marriage continues. Courts cannot deny the right to partition. They can only determine how it is carried out.
There are two types of partition in Florida:
- Partition in kind — the property is physically divided between co-owners
- Partition by sale — the property is sold and proceeds are distributed proportionally
For most residential and commercial real estate in Florida, partition by sale is the more common outcome. Physical division is rarely practical for improved properties.
Who Can File a Partition Action?
Any co-owner of Florida real property has standing to file a partition action. This includes:
- Siblings who inherited property together through an estate
- Former romantic partners who jointly own a home
- Business partners who purchased commercial property together
- Investors in shared real estate ventures or LLCs
The ownership share does not matter. A person who owns 10% of a property has the same right to file for partition as someone who owns 90%. Courts must honor that right under Florida law. If title questions complicate the case, our quiet title action attorneys can work alongside your partition matter.
How to File a Partition Action in Florida — Step by Step
Understanding how to file a partition action in Florida helps co-owners set realistic expectations. Here is the general process:
- Attempt negotiation first — Florida courts favor resolution without litigation. A real estate attorney Fort Lauderdale can help structure a buyout agreement or co-ownership exit strategy before filing.
- File a complaint in circuit court — The partition lawsuit is filed in the circuit court of the county where the property is located. For Broward County properties, that means the 17th Judicial Circuit.
- Serve all co-owners — Every person with an ownership interest must be formally served with the complaint and given the opportunity to respond.
- Court appoints a special magistrate — In many Florida partition cases, the court appoints a special magistrate or commissioner to oversee the process.
- Property is appraised — An independent appraisal establishes fair market value for the property.
- Court orders sale or division — The judge issues a final order directing the property be sold or divided. Net proceeds are distributed according to each party’s ownership percentage.
The timeline for a Florida partition action varies. Uncontested cases may resolve in a few months. Contested cases — especially those involving disputes over ownership percentages, improvements, or contribution claims — can take over a year. Hughes Real Estate Law also handles real estate contract disputes that sometimes arise alongside partition proceedings.
Partition Action vs. Buyout — Which Is Better?
Before filing a partition action in Florida, consider whether a negotiated buyout is achievable. A buyout allows one co-owner to purchase the other’s interest at an agreed price without court involvement. This is faster, less expensive, and preserves relationships. However, when one party refuses to sell or negotiate, a partition action becomes the only path forward.
A Fort Lauderdale real estate litigation attorney can evaluate your situation and advise whether negotiation or court action is the better route for your specific property.
Partition of Inherited Property: Florida’s Heirs Property Rules
When siblings or other relatives inherit a home together, the property may qualify as heirs property under Florida’s version of the Uniform Partition of Heirs Property Act (sections 64.201 to 64.214, Florida Statutes). Heirs property is generally property held as tenants in common, with no written agreement among the owners about partition, where a large share of the ownership is held by relatives. When the court finds the property qualifies, special protections apply:
- Court-ordered appraisal: the court appoints a disinterested, Florida-licensed appraiser to determine the property’s value, unless the owners agree on value.
- Buyout right: co-owners who did not ask for a sale can elect to buy out the interest of the co-owner who did, at the appraised value. Electing co-owners must give notice within 45 days after the court’s notice of the value.
- Preference for division: if no buyout resolves the case, the court must divide the property in kind unless that would greatly prejudice the owners as a group.
- Open-market sale: if a sale is ordered, it generally must be an open-market sale through a licensed broker, at a price no lower than the appraised value, rather than a courthouse auction.
These rules can change the outcome of a family property dispute significantly, so it is worth confirming early whether your property qualifies.
Who Pays for a Partition Action in Florida?
Under section 64.081, Florida Statutes, the costs of a partition action, including attorney’s fees, are generally divided among all parties in proportion to their ownership interests. In practice, when the property is sold, those costs are usually paid from the sale proceeds before the remaining money is distributed. Courts can adjust how fees are allocated when one party’s conduct needlessly drove up the cost of the case.
What Happens to Mortgages and Liens in a Florida Partition?
When a partition action results in a court-ordered sale, existing mortgages, liens, and encumbrances on the property are addressed from the sale proceeds. The court ensures secured creditors are paid before co-owners receive their share. If one co-owner has contributed more to mortgage payments or improvements than their ownership percentage reflects, they may file a contribution claim before final distribution.
If the property has title defects or competing claims, our adverse possession and lien removal teams can clear those issues as part of the overall resolution. For a general overview of partition law, the Florida Bar Consumer Resources and Florida Statutes Chapter 64 provide useful background. The Broward County Records, Taxes and Treasury Division handles property record filings relevant to partition proceedings.
Partition proceedings sometimes intersect with escrow disputes or real estate fraud claims — our team handles the full range of property litigation in Broward County.
Partition Action FAQ
| Question | Answer |
|---|---|
| Can a co-owner block a partition action in Florida? | No. Florida law grants an absolute right to partition. A co-owner can contest the method (sale vs. division) or the distribution amounts, but cannot block the action entirely. |
| How long does a partition action take in Florida? | Uncontested cases: often a matter of months. Contested cases: 12–24 months depending on complexity and the number of disputes. |
| Who pays the costs of a partition action? | Under section 64.081, Florida Statutes, costs including attorney’s fees are generally divided among the parties in proportion to their ownership interests, and are usually paid from the sale proceeds when the property is sold. |
| Can I file a partition action on inherited property? | Yes. Inherited property co-owned by heirs is one of the most common scenarios for partition actions in Florida. |
| Do I need an attorney to file a partition action in Florida? | Technically no, but strongly recommended. Partition cases involve complex court procedures, appraisals, contribution claims, and distribution disputes. |
Take the Next Step With Hughes Real Estate Law
If you are a co-owner of Florida real estate and need a resolution, Hughes Real Estate Law is ready to help you file a partition action in Florida and protect your ownership rights. Call (954) 256-5125 or visit our contact page to schedule a consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale-based real estate law firm serving property owners, investors, and businesses throughout Broward County and South Florida. Attorney Joseph Hughes handles partition actions, quiet title cases, real estate litigation, and transactional matters. The firm is located at 1141 SE 2nd Ave, Fort Lauderdale, FL 33316.
