A partition action attorney in Fort Lauderdale resolves one of the most contentious disputes in real estate — what happens when two or more people own a property together and cannot agree on what to do with it. Co-ownership works until it doesn’t. When one party wants to sell and the other refuses, when a business partnership dissolves and both owners claim the property, when heirs inherit jointly and disagree on every decision — the legal remedy is a partition action. Florida courts have clear authority to divide or force the sale of jointly owned property, and a partition action attorney in Fort Lauderdale is the professional who makes that happen.
Joseph Hughes handles partition actions throughout Fort Lauderdale and Broward County for co-owners, investors, business partners, and heirs. Hughes Real Estate Law files partition suits, protects your ownership interest throughout the process, and pursues the division or sale that reflects your legal share. Joseph Hughes handles every partition matter personally — no associate hand-offs.
This page covers Florida’s partition law, how a Fort Lauderdale partition action works in Broward County Circuit Court, and what your rights are as a co-owner when a jointly owned property becomes a dispute.
What Is a Partition Action in Florida?
A partition action is a lawsuit filed under Florida Statute §64.011 that asks a circuit court to divide or order the sale of jointly owned real property. Florida law recognizes that no co-owner can be forced to remain tied to a property indefinitely against their will. Any co-owner — regardless of their ownership percentage — has the right to file a partition action and seek a court-ordered resolution.
Florida courts handle partition in two ways. Partition in kind physically divides the property between the co-owners — awarding each party their proportionate share of the land. Partition by sale orders the property sold at fair market value, with proceeds distributed among the co-owners according to their ownership interests. In most cases involving a single-family home, condo, or commercial building, physical division isn’t practical — so the court orders a sale. For related property disputes see disputes and litigation in Fort Lauderdale.
Common Situations That Lead to a Fort Lauderdale Partition Action
| Situation | What Triggers the Partition |
|---|---|
| Divorcing Spouses | Both parties own the marital home jointly but cannot agree on sale, buyout, or continued ownership |
| Dissolved Business Partners | Former partners co-own investment or commercial property and disagree on whether to sell or retain it |
| Inherited Property Disputes | Heirs inherit jointly and cannot agree on selling, renting, or managing the estate property |
| Relationship Breakdown | Unmarried partners or friends who purchased property together separate and one refuses to cooperate |
| Investment Property Deadlock | Co-investors in rental or development property reach an impasse on management, improvements, or sale |
The Partition Action Process in Broward County
A Fort Lauderdale partition action proceeds through Broward County Circuit Court in a defined sequence. Joseph Hughes manages each step to protect your ownership interest and move the case toward resolution efficiently.
- Filing the complaint — The partition complaint is filed in Broward County Circuit Court identifying all co-owners, their ownership percentages, and the relief requested — partition in kind or by sale
- Service on all co-owners — Every co-owner must be properly served as a defendant in the partition action
- Accounting of contributions — The court can consider each party’s financial contributions to the property — mortgage payments, taxes, improvements, repairs — when determining how sale proceeds should be allocated
- Appointment of special magistrate — In some cases, the court appoints a magistrate to oversee the sale process and ensure fair market value is achieved
- Court-ordered sale — The property is sold through a court-supervised process, typically at fair market value through a licensed real estate agent or court-ordered auction
- Distribution of proceeds — After the sale, the court distributes proceeds among co-owners according to their legal ownership shares, adjusted for any accounting credits
All partition filings are processed through the Broward County Clerk of Courts. The statutory authority for Florida partition actions is Florida Statute §64.011.
Protecting Your Ownership Interest in a Partition
A partition action attorney in Fort Lauderdale does more than just file the lawsuit. Joseph Hughes works to maximize your financial recovery from the partition — by documenting your contributions, challenging improper claims by the other co-owner, and ensuring the court’s accounting accurately reflects what each party is owed.
If you paid more than your share of the mortgage, taxes, repairs, or improvements, you are entitled to an accounting credit against the other co-owner’s share of the proceeds. If the other co-owner has been collecting rent from the property without sharing it, that income is also subject to accounting. A partition action attorney builds that financial record and presents it to the court. For related boundary and property disputes see adverse possession in Florida and property line encroachment laws.
Can a Partition Action Be Avoided?
Sometimes. If the co-owners can negotiate a buyout — one party purchases the other’s interest at an agreed price — a partition lawsuit is unnecessary. Joseph Hughes negotiates buyout agreements on behalf of clients who want to retain the property without litigation, and represents clients who want out and need a fair exit price. A formal demand letter is often the catalyst that moves a reluctant co-owner toward a negotiated resolution before a lawsuit is filed. The Florida Bar’s consumer resources offer general guidance on co-ownership disputes.
Local Resources for Fort Lauderdale Partition Actions
| Resource | What It Provides | Link |
|---|---|---|
| Broward County Clerk of Courts | Partition action filings, case records, court hearing schedules | browardclerk.org |
| Broward County Property Appraiser | Property ownership records, co-owner information, assessed values | bcpa.net |
| Florida Senate — §64.011 | Florida’s partition statute — full text of the governing law | flsenate.gov |
| Florida Bar Consumer Resources | Consumer guides on co-ownership disputes and property rights | floridabar.org |
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can one co-owner force the sale of a property in Florida? | Yes. Any co-owner can file a partition action and obtain a court order forcing the sale of jointly owned property. Florida law does not require the other co-owner to agree. |
| What if I own a minority share — can I still file a partition? | Yes. Florida’s partition statute grants the right to any co-owner regardless of their ownership percentage. A 10% owner has the same right to partition as a 90% owner. |
| How are partition sale proceeds divided? | Generally in proportion to each party’s ownership interest — adjusted for any accounting credits for unequal contributions to mortgage payments, taxes, repairs, or improvements. |
| How long does a partition action take in Broward County? | An uncontested partition typically resolves in 6 to 12 months. Contested cases with disputed accounting or valuation disputes can take 12 to 24 months or longer. |
| Does Joseph Hughes handle partition actions involving inherited property? | Yes. Hughes Real Estate Law handles partition actions for heirs who inherit jointly and cannot agree on disposition of the estate property throughout Fort Lauderdale and Broward County. |
Deadlocked Co-Ownership Ends Here
Hughes Real Estate Law handles partition actions in Fort Lauderdale for co-owners, investors, business partners, and heirs throughout Broward County. Call (954) 256-5125 or visit our contact page to schedule your consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate law firm focused exclusively on Florida property law. Joseph Hughes handles partition actions, co-ownership disputes, and real estate litigation throughout Broward County. The firm serves Fort Lauderdale, Hollywood, Pompano Beach, Davie, Coral Springs, Dania Beach, Wilton Manors, Oakland Park, Sunrise, and Margate. Call (954) 256-5125 to speak with a partition action attorney in Fort Lauderdale directly.
