What Is a Partition Action in Florida? A Guide for Co-Owners
What Is a Partition Action in Florida? A Guide for Co-Owners
Introduction
A Florida partition action is a legal remedy available to property co-owners who can no longer agree on how jointly owned real estate should be used, managed, or sold. Whether the dispute arises between siblings who inherited a home, former partners after a breakup, or investors with conflicting goals, Florida law allows any co-owner to ask the court to step in and resolve the deadlock.
Partition actions are common in probate and inheritance cases, especially when property passes to multiple heirs. Understanding how a Florida partition action works—and when it applies—can help co-owners protect their financial interests and move forward when cooperation is no longer possible.
What Is a Partition Action?
A partition action is a lawsuit filed in civil court requesting that jointly owned property be divided or sold. Florida law recognizes that no co-owner should be forced to remain in an ownership arrangement indefinitely.
Under Florida Statutes Chapter 64, any co-owner—regardless of ownership percentage—has the right to seek partition.
Who Can File a Florida Partition Action?
You may file a Florida partition action if you are:
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A co-owner listed on the deed
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An heir who inherited property
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A former spouse or unmarried partner
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A business partner or investor
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A guardian acting on behalf of a ward
Even owners with a small percentage interest may pursue partition.
Types of Partition Actions
Florida courts resolve partition cases in one of two ways:
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Partition by sale (most common)
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Partition in kind (physical division of property)
Courts choose the method that is most fair and economically reasonable.
Common Situations Leading to Partition Actions
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Inherited property where heirs disagree
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One co-owner refuses to sell or buy out others
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Unequal use or financial contribution
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Property abandoned by one owner
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Relationship or business partnership breakdown
What Happens During a Partition Lawsuit?
1️⃣ Filing a complaint
2️⃣ Court review of ownership interests
3️⃣ Property valuation
4️⃣ Sale or division ordered
5️⃣ Distribution of proceeds
Courts may also address reimbursements for taxes, repairs, or mortgage payments.
Final Thoughts
A Florida partition action provides a legal solution when co-ownership becomes unworkable. While emotionally difficult, it ensures fairness and prevents one owner from controlling the property indefinitely.
📞 Need help with a Florida partition action? Contact our attorneys to explore your legal options.