Overview: What a partition action does under Florida law
When two or more people own the same piece of real estate and cannot agree about what to do with it, Florida law allows one or more co-owners to ask a court to divide the property or order its sale so the proceeds can be distributed. The laws that govern these lawsuits are collected in Florida Statutes, Chapter 64. For the statute text, see: Florida Statutes, Chapter 64 (Partition of Real Property). This article explains the practical steps to start a partition action, what the court usually does, and what you should prepare before filing.
Quick disclaimer
This is general information only and not legal advice. I am not a lawyer. If you need advice for your situation, consult a licensed Florida attorney.
How a partition action typically works in Florida (plain language)
Any co-owner of real property in Florida may file a partition lawsuit asking the circuit court to either:
- Divide the property physically among the owners (partition in kind), or
- Order the sale of the property and distribute the sale proceeds to the owners (partition by sale).
The court prefers dividing the land in kind when it is practical and fair. If the property cannot be divided without unfairly harming some owners’ interests, the court will order a sale and split the money. See the rules in Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/Chapter/64.
Who can file
Any co-owner (tenant in common, joint tenant, or owner with an undivided interest) may start a partition action. A mortgagee or lienholder with an interest may also need to be joined or given notice because their interest can affect the distribution of sale proceeds. The lawsuit should name all known owners and parties with recorded interests so the court can determine who has a legal claim to the property.
Step-by-step: How to start a partition action in Florida
- Confirm ownership and interests. Order or review a title search or deed to identify all titleholders, owners’ share percentages, recorded mortgages, liens, easements, and leases. You must identify each person or entity that might claim an interest in the property.
- Try to resolve the dispute first. Courts expect parties to try to resolve disputes when reasonable. Consider negotiation, a buyout offer, or mediation (recommended). If an agreement is impossible, a partition action becomes the next step.
- Prepare the petition (complaint) for partition. The petition filed in the circuit court should state the names of the owners, describe the property (legal description from the deed), describe each owner’s claimed interest, and request the relief you want (partition in kind or sale). If you want the court to appoint commissioners to divide or sell the property, ask for that in the petition. Be sure to list and request that the court require notice to all mortgagees or lienholders.
- File in the correct court and pay filing fees. File the petition in the circuit court in the county where the property is located. The county clerk’s office can tell you filing fees and local requirements. You will likely need to pay a filing fee and provide copies for service.
- Name and serve all interested parties. Serve each co-owner and any known lienholders or mortgagees with the filed petition and summons following Florida civil procedure rules. If any owner is out of state or unknown, the court permits alternate service methods in some situations, but you should ask the clerk or attorney for proper procedure.
- Ask the court for relief and appointment of commissioners. If the court orders partition, it commonly appoints independent commissioners (or a special master) to survey, appraise, divide, or sell the property and report back to the court. Florida Statutes authorize the court’s procedures for partition (see Chapter 64).
- Appraisals, reports, and possible sale. Commissioners typically order one or more appraisals. If the court orders partition in kind, the commissioners prepare a plan to divide the property. If the court orders sale, the property is marketed and sold (often at public auction), and sale proceeds are distributed after paying liens, costs, and fees.
- Distribution and final judgment. The court signs a final judgment confirming the division or sale and directing distribution. The judgment will address payment of liens, costs, commissions, and each owner’s share. The clerk records any deed or order necessary to transfer title if the property is sold.
Typical documents and information you should gather before filing
- Deed and legal description of the property
- Mortgage and lien documents (if any)
- Title search or abstract (if available)
- Names and contact information for all known co-owners and interested parties
- Evidence of ownership shares (deed language, contributions) if disputed
- Records of rent, expenses, or improvements (to support claims for contribution or offset)
Costs, timelines, and likely outcomes
Costs vary widely. Expect court filing fees, service fees, appraisal fees, commissioner fees, possible auction costs, and attorneys’ fees if counsel is used. A contested partition action often takes several months to over a year depending on complexity, the need for appraisals, and whether there are appeals. If the property can be fairly divided, the court prefers partition in kind. Otherwise, the property will be sold and proceeds divided after paying liens and costs.
Common complications to watch for
- Disputed ownership shares or unrecorded claims can prolong the case.
- Outstanding mortgages or liens must be resolved from sale proceeds.
- Tenants, mortgages, or long-term leases may affect marketability and sale timing.
- One co-owner buying out others often requires appraisal and court approval to be final and enforceable.
Practical tips and helpful hints
- Gather clear title documents first. A title search reduces surprises.
- Use mediation early — courts often favor settlement and mediation can preserve more value than litigation.
- Ask for appraisals before filing if possible; knowing fair market value helps settlement or buyout talks.
- Consider whether a buyout or partition in kind is practical; sale is not the only outcome.
- Make sure all mortgagees and lienholders are named in the complaint to avoid later claims on proceeds.
- Contact the county clerk’s office for local filing procedures and fee schedules.
- Keep good records of contributions to mortgage payments, taxes, insurance, and improvements — courts may account for those when dividing proceeds.
When to consult an attorney
Because partition actions involve competing property interests, liens, valuation disputes, and procedural requirements, consult a Florida real property attorney if ownership is unclear, the property is encumbered, or the case looks contested. An attorney can prepare the petition, ensure proper service of process, advise on whether partition in kind is feasible, and protect your financial interest.
Relevant Florida law reference
Primary statutory guidance for partition actions is in Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/Chapter/64. For local filing rules and civil procedure, consult the Florida Rules of Civil Procedure and the clerk of the circuit court in the county where the property is located.
Note: This article is educational only and not a substitute for legal advice from a licensed attorney in Florida.