Detailed Answer — How partition works in Florida and the steps to file
If you inherited property in Florida with one or more co-owners and a co-owner refuses to cooperate, you can usually force a division through a court partition action. Partition actions are governed by Florida law (see Florida Statutes, Chapter 64). The following explains, from start to finish, what typically happens and what you will need to do.
1. Confirm ownership and legal status of the property
• Obtain the deed(s) and any probate or estate paperwork that shows how title passed. Inherited property often ends up held as tenants in common unless the deed or will says otherwise. The type of ownership matters: partition actions generally proceed among tenants in common or joint owners; certain ownership forms (for example, tenancy by the entirety between spouses) have special rules. Review the deed and any probate order before filing.
• Check for mortgages, liens, tax arrears, judgments, or easements that affect the property. These parties must be named or given notice in the partition action.
2. Try to resolve the dispute before suing
Partition suits are expensive and time-consuming. Send a written demand asking for voluntary partition, sale, buyout, or mediation. A neutral appraisal or an offer to buy out the co-owner’s interest can sometimes resolve the matter without court.
3. Prepare to file a partition complaint in circuit court
• Where to file: File in the circuit court in the county where the property is located.
• What the complaint must state: the legal description of the property, the names and addresses of all co-owners and known lienholders, the nature and amount of each party’s claimed interest, and the relief requested (partition in kind or partition by sale). See Florida Statutes, Chapter 64 for the governing law: Fla. Stat. ch. 64.
• Attach copies of deeds, probate orders, and other documents that show title if available.
4. Serve all interested parties
Every co-owner, mortgagee, lienholder, and other person with an interest must be named and served with process. If someone cannot be located, the court allows constructive notice (publication) after certain steps. Proper service is critical so the court can divide the property and distribute proceeds cleanly.
5. Court process: partition in kind vs. partition by sale
• Partition in kind (preferred when practicable): The court or appointed commissioners try to divide the land physically so each owner gets a separately titled portion that reflects their share.
• Partition by sale (when in-kind division is impractical): The court orders the property sold and the net proceeds distributed according to each owner’s interest, subject to liens, taxes, and costs. The court appoints commissioners or a special master to handle surveys, sale, and report back to the court.
The court will weigh whether in-kind division is feasible without materially diminishing value. If the co-owner refuses to cooperate, the court still can order partition or sale.
6. Commissioners, reports, and confirmations
The court commonly appoints commissioners to survey, value, divide, or sell the property. Commissioners produce a report and the court approves it (or rejects it and orders modifications). Sales are typically confirmed by the court, and the clerk handles distribution of proceeds after paying liens, property taxes, recorded costs, and court-allowed expenses.
7. Accounting, credits, and adjustments
The court adjusts for improvements, contributions to taxes, mortgage payments, rents, or waste. If one co-owner occupied the property and received value from it (for example, rent-free use), the court may account for that when dividing proceeds or allocating lots.
8. Timeline and costs
• Timeline: Simple cooperative matters resolve quickly; contested partition cases commonly take several months to over a year depending on surveys, appraisals, service issues, and court schedules.
• Costs: filing fees, service fees, survey and appraisal costs, commissioner fees, title searches, attorney fees, and possible sale expenses. In some situations, the court may award attorney fees if a statute, contract, or equitable principle permits.
9. Special issues involving inherited property
• Probate status: If the estate has not closed, you may need the probate court to authorize a partition or to confirm who has authority to act for the estate. If title already passed to heirs, partition proceeds go to the owners according to their shares.
• Disputed inheritances or claims: If someone claims the property belongs to a different party (e.g., a creditor of the estate or an omitted heir), those claims should be resolved early because they complicate partition and distribution.
10. Practical next steps checklist
- Gather deed(s), probate documents, and title information.
- Run a title search to identify mortgages and lienholders.
- Try a written demand, mediation, or buyout offer.
- If that fails, prepare and file a complaint for partition in the circuit court where the property is located. The clerk’s office can give local filing rules.
- Serve all owners and lienholders correctly.
- Participate in the court process to request in-kind division or sale.
- Work with the court-appointed commissioners, appraisers, and surveyors as required.
For the statutory framework, see Florida Statutes, Chapter 64 (Partition of Real Property): https://www.leg.state.fl.us/statutes/?App_mode=Display_Statute&URL=0000-0099/0064/0064.html. For county-specific filing rules and clerk contact information, check your local circuit court clerk’s website or the Florida Courts website: https://www.flcourts.org.
When to hire a lawyer: If co-owners are hostile, if title is disputed, if there are complex liens or tax issues, or when you need help with pleadings, service, or courtroom hearings, consult a Florida real property attorney. An attorney can prepare pleadings properly, protect your rights, and help navigate probate overlaps.
Disclaimer: This article explains general Florida law and common procedures. It is for educational purposes only and does not constitute legal advice. Consult a licensed Florida attorney for advice about your specific situation.
Helpful Hints — Practical tips to make the partition process smoother
- Start with clear title documents: obtain certified copies of deeds and probate orders early.
- Document communications: keep written records of offers, demands, and any agreements with co-owners.
- Get a survey and an appraisal before filing if possible — they speed the court’s work and support your position on in-kind division vs. sale.
- Identify and notify lienholders early to avoid delays from unknown encumbrances.
- Consider mediation or a buyout offer first — court costs and delays often make settlement cheaper.
- If you live out of state, designate a local agent or get local counsel to manage filings and appearances.
- Preserve evidence of payments you made for taxes, insurance, or improvements to seek credit in the court accounting.
- Ask the clerk about local requirements for filing a partition complaint (format, fees, and probable timelines).
- Budget for surveys, appraisals, and possibly court-appointed commissioner fees — these are common and expected costs.
- Be prepared for emotional disputes — family matters often benefit from early negotiation or neutral mediation.