Florida Partition Actions: Ending Co-Ownership of Real Estate
What Is a Partition Action?
A partition action is a legal process in Florida that allows a co-owner of real estate to end shared ownership. Any co-owner—no matter how small their percentage—has the right to file for partition under Fla. Stat. §64.031. Florida courts almost always grant partition requests unless ownership rights have been waived by contract.
The result of a partition case is either:
- Division of the property (partition in kind), or
- Court-ordered sale of the property (partition by sale), with proceeds divided among the owners.
Partition by sale is the most common outcome because most properties cannot be fairly divided.
How Much Does a Partition Action Cost?
At Montanez Law Firm, we typically charge on an hourly basis with a $4,000 retainer for partition cases.
Attorney’s fees and costs are not automatically split, but under Fla. Stat. §64.081, courts have discretion to apportion fees among the parties based on ownership interests. In practice, Florida courts often order that fees be shared proportionately.
How Are the Proceeds Divided?
When a property is sold through partition:
- Attorney’s fees and court costs are typically paid first from the sale proceeds (Fla. Stat. §64.081).
- The court then divides the net proceeds equitably among the co-owners.
- A co-owner may receive a credit or reimbursement if they paid more than their share for:
- Property taxes
- Mortgage payments
- Insurance
- Necessary repairs or improvements that increased value
Florida courts apply these principles of equity consistently.
Types of Partition in Florida
Partition in Kind
The property is physically divided into separate parcels, with each co-owner receiving their portion (Fla. Stat. §64.041). This method is rare in Florida, especially for homes, condos, and townhomes.
Partition by Sale
If the court determines division is not feasible, it orders the property to be sold, often through a real estate broker or special magistrate. The proceeds are then divided among the parties. This is the most common outcome.
The Partition Process
- Filing the Complaint – The lawsuit is filed in the circuit court of the county where the property is located. It must include the parties’ names and the legal description of the property.
- Court Judgment – The judge determines each party’s ownership interest and whether partition is appropriate.
- Commissioners Appointed – If division in kind is possible, the court appoints commissioners (usually three) to propose a fair split (Fla. Stat. §64.061).
- If Property Is Indivisible – If the property cannot be fairly divided, the court may order a sale, often handled by a magistrate or broker (Fla. Stat. §64.071).
Sale and Final Judgment – After the sale, the court issues a judgment confirming distribution of proceeds and resolving title.
Special Rules for Heirs Property in Florida
“Heirs property” is land passed down without probate, typically resulting in multiple family members as co-owners. Florida adopted the Uniform Partition of Heirs Property Act in 2020 (Fla. Stat. §§64.201–64.208).
Key provisions include:
- Appraisal – The court must determine fair market value of the property.
- Buyout Rights – Other heirs have the right to purchase the interest of the co-owner seeking partition.
- If No Buyout – The court will order partition in kind (if feasible) or a sale, with credits for unequal contributions to taxes, maintenance, or improvements.
Key Points for Florida Property Owners
Right to Partition – Any co-owner may file, regardless of their percentage of ownership (Fla. Stat. §64.031).
Attorney’s Fees & Costs – Courts usually order fees and costs to be paid from the proceeds and apportionment is usually done in accordance with each owner's ownership interest.
Credits for Contributions – Courts may adjust distributions to ensure fairness when one party has paid more than others .
Frequently Asked Questions About Florida Partition Actions
Can one co-owner force the sale of property in Florida?
Yes. Florida law gives any co-owner the right to seek partition unless that right has been waived by written agreement (Fla. Stat. §64.031).
Do I need all co-owners’ consent to sell property in Florida?
No. Through partition, one co-owner can force a sale even if the others object.
How long does a partition action take in Florida?
Most cases take several months. The timeline depends on whether the case involves a simple sale or disputes about credits, reimbursements, or heirs property protections.
Can I recover money I spent on taxes, repairs, or improvements?
Yes. Courts may order reimbursement from the sale proceeds if your payments preserved or enhanced the property .
Talk to a Florida Partition Attorney
If you co-own property in Tampa, Hillsborough, Pinellas, or Pasco County and want to end co-ownership, contact Montanez Law Firm. We handle partition actions throughout Florida and guide clients through every step—from filing the complaint to the final judgment.