Detailed Answer

To begin a partition action in Florida, your lawyer needs a clear, document-supported picture of ownership, encumbrances, and how the property has been used. Florida partition law is governed by Chapter 64 of the Florida Statutes, which sets out who may bring an action, who must be joined, and how the court may divide or order sale of property. See Florida Statutes, Chapter 64: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html.

Below is a practical intake checklist your attorney will use to evaluate whether a partition action is appropriate and to prepare the initial filing.

1. Proof of Ownership and Chain of Title

• Copies of all deeds that transferred the property to current owner(s) (warranty deeds, quitclaim deeds, grant deeds).
• Title insurance policy (if one exists) and the title commitment or preliminary report.
• Any recorded documents that describe the property’s legal description (plat maps, metes-and-bounds descriptions).

2. Names and Contact Info for Everyone with an Interest

• Full legal names, last known addresses, phone numbers, and emails of all co-owners (tenants in common, joint tenants, trustees, beneficiaries).
• Names and contact info for mortgage holders, lienholders, judgment creditors, and anyone with recorded or unrecorded claims against the property.
• If any co-owner is deceased, provide the decedent’s death certificate and probate or estate documents showing who succeeded to the interest.

3. Mortgages, Liens, and Other Encumbrances

• Copies of mortgage statements, payoff demand letters, promissory notes, or loan modification documents.
• Recorded liens (tax liens, mechanic’s liens, judgment liens) and any bankruptcy filings involving owners (bankruptcy case number and trustee contact).

4. Use and Income Records

• Leases, rent rolls, security deposit records, and copies of any tenant communications if the property is leased.
• Records of rent collected or expenses paid by any co-owner (receipts, bank statements, canceled checks).

5. Surveys, Property Maps, and Physical Evidence

• Most recent boundary survey, ALTA survey, or plat map showing the property lines.
• Photographs of the property, improvements, and any physical disputes (fences, encroachments).

6. Association, Easement, and Local Government Documents

• Homeowners’ association (HOA) or condominium documents, bylaws, and meeting minutes that affect the property.
• Recorded easements, right-of-way agreements, road maintenance agreements, or municipal code notices.

7. Communications and Agreements Among Co-Owners

• Emails, letters, text messages, or written agreements about use, sale, maintenance, or buyouts.
• Notes of any oral agreements (dates, participants, substance) and any attempts at mediation or settlement.

8. Financial and Tax Records

• Property tax records, most recent tax bill, proof of tax payments, and receipts for insurance premiums.
• Records of repairs or capital improvements and the invoices/receipts showing who paid for them.

9. Court or Criminal Records That Might Affect the Case

• Prior or pending lawsuits involving the property, including foreclosures or quiet-title actions.
• Eviction filings or landlord-tenant disputes if tenants are involved.

10. Practical Information Your Attorney Will Need to Plan the Case

• What outcome you want (sale and division of proceeds, buyout, partition in kind, or other remedy).
• Any deadlines or urgent issues (pending foreclosure sale, HOA foreclosure, tax sale).
• Availability of witnesses, appraisers, surveyors, or property managers who can provide statements or reports.

How Your Lawyer Uses the Documents

With these materials your attorney will:

1. Verify ownership and identify all necessary parties under Florida partition law (Chapter 64).
2. Check for liens, mortgages, or other encumbrances that will affect distribution of sale proceeds.
3. Decide whether to seek partition in kind (rare with improvements and multiple owners) or a judicial sale and division of proceeds.
4. Prepare the summons, complaint, and required service documents; arrange for notice to lienholders and unknown heirs if needed.
5. Seek interim relief if necessary (accounting for rents and profits, injunctions to prevent waste, or emergency stay in case of impending sale).

Special Florida Considerations

• Homestead status can affect partition rights and distribution. Tell your lawyer immediately if any owner claims homestead protections.
• If any owner is a minor or legally incapacitated, additional court procedures and guardianship/guardian ad litem involvement may be required.
• Federal or state tax implications may arise from a forced sale—your attorney may coordinate with a tax advisor.

Refer to Florida’s partition statutes for governing rules and procedures: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html

Helpful Hints

• Start with the county recorder or property appraiser website where the property sits to download recorded deeds, tax info, and a parcel map.
• Create a single folder (digital and/or physical) containing copies of every document related to the property—organized by category (deeds, mortgages, leases, communications).
• Make a list of all people who have lived on or managed the property during the period at issue; their recollections can be useful for rent or use disputes.
• If you don’t have a survey, consider ordering one early—boundary disputes often determine whether partition in kind is feasible.
• Be candid with your lawyer about prior attempts to resolve the matter and any offers or payments exchanged—full disclosure helps your attorney craft strategy and avoid surprises.
• Ask for a written intake list from the attorney’s office so you can gather exactly what they need before your first meeting.
• If you are on a tight timeline (foreclosure, tax sale, pending closing), notify your attorney immediately—some remedies require quick filings.

For statutes that control partition practice and procedure in Florida, see Chapter 64 of the Florida Statutes: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html

Final note: This guide explains common documents and information needed to start a partition action in Florida. It does not substitute for legal advice tailored to your situation. Contact a licensed Florida attorney to discuss the specifics of your case and next steps.