Detailed Answer
This section explains, in plain language, how co-owners start a partition action in Florida to divide or sell jointly owned real property. The explanation follows typical Florida procedure under the state partition statutes. This is educational only and not legal advice.
Quick explanation of a partition action
A partition action is a civil lawsuit filed in the circuit court where the property lies. A co-owner (or another person with an interest in the property) asks the court to either physically divide the property among owners (partition in kind) or sell the property and divide the proceeds (partition by sale) when dividing the land fairly is impractical. Florida’s partition process is governed by statute; see the Florida Statutes on partition: Florida Statutes, Chapter 64 (Partition).
Who can file
Any person who owns an undivided interest in real property (co-owner) can file for partition. Creditors with recorded liens or other parties with legally recognized interests in the property also may have a right to participate. If the property is homestead, special Florida homestead protections may limit or prevent partition; consult an attorney if homestead is an issue.
Where to file
File the partition complaint in the circuit court in the county where the property is located. The clerk’s office in that county can provide local filing procedures and fee information.
Basic steps to initiate a partition action
- Confirm ownership and interests. Obtain a current title search or certified copy of the deed(s) to confirm each party’s ownership share, mortgages, liens, and other recorded interests.
- Decide the requested remedy. Decide whether you want the property divided physically (partition in kind) or sold with proceeds divided (partition by sale). You can ask the court for either; if in-kind division is impractical or unfair, the court can order sale instead. See the statutory procedures in Chapter 64: Florida Statutes, Chapter 64.
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Prepare and file the complaint (petition). The complaint should state:
- that the plaintiff owns an undivided interest in the described property;
- a legal description and street address of the property;
- the names (and addresses, if known) of all other owners and persons with recorded interests;
- the interest each owner claims, and any liens or encumbrances;
- whether the plaintiff asks for partition in kind or sale (or both); and
- a prayer for the relief requested and for appointment of a commissioner if needed to implement partition.
- Name and serve all necessary parties. The plaintiff must make every person with an interest in the property a defendant so the court can bind all interested parties. Serve defendants with the complaint under Florida civil procedure rules and local requirements.
- Request temporary relief if needed. If you need immediate protection (to stop a sale or preserve assets), ask the court for temporary injunctions or appointment of a custodian. The court will apply the usual standards for emergency relief.
- Court appointment of a commissioner or referee. If the court orders division or sale, it commonly appoints a commissioner or referee to carry out the physical division, sell the property, publish sale notices, collect bids, and report back to the court. The court supervises the process and approves final accounting and distribution of proceeds.
- Accounting for liens, improvements, and expenses. The court determines how mortgages, recorded liens, taxes, and necessary costs (commissioner fees, advertising, closing costs) are paid from proceeds. The court also may consider credits or debits between co-owners for contributions to mortgage payments, improvements, or rents received. Chapter 64 provides the statutory framework for how the court apportions costs and accounts for interests.
- Final judgment and distribution. After the commissioner reports and the court approves the sale or division, the court enters a final judgment of partition. The judgment directs distribution of property or proceeds according to ownership shares, after paying liens and costs.
Timeline and likely duration
Time varies. Simple partitions where owners agree and the property divides easily may finish in a few months. Contested cases, auctions, or complex title issues can take a year or more. Expect hearings, possible appraisals, and time for sale-related procedures if the court orders sale.
Common complications
- Disagreements about ownership shares or unrecorded claims.
- Mortgages, tax liens, or other encumbrances that must be resolved before distribution.
- Homestead claims or family law issues that affect ownership rights.
- Physical division is impracticable (oddly shaped or small parcels), making partition by sale more likely.
Costs and fees
Court filing fees, service costs, appraisal and commissioner fees, advertising costs for sale, and attorneys’ fees are typical. The court generally charges these against the property proceeds and apportions them among owners according to interest or as fairness requires.
When to get a lawyer
Seek a Florida real property attorney if title is unclear, parties dispute ownership shares, homestead or family-law issues exist, liens or mortgages complicate distribution, or a sale/auction is likely. An attorney can prepare the complaint, handle service, represent your interests in court, and negotiate buyouts or settlement alternatives (for example, one co-owner buying out the others).
Helpful Hints
- Start with a title search. A clear title report shows recorded owners, mortgages, and liens; it guides who to name in the lawsuit.
- Gather documents: deeds, mortgage statements, tax bills, insurance policies, receipts for improvements, and any written agreements among co-owners.
- Consider mediation or voluntary buyout before filing. Courts often favor settlement and a buyout can be faster and less expensive than a sale.
- If you rent the property, preserve rent records. Rents collected and expenses paid may affect final accounting.
- Ask the county clerk or local circuit court for filing fee amounts and forms. Some counties post local instructions online.
- Check for homestead status before filing. Homestead protections in Florida can block partition or affect how proceeds are handled.
- Get an appraisal early if you expect a sale or need to value unequal shares; this helps when requesting a buyout figure or preparing for auction.
- Keep communication professional and documented. Written settlement proposals and receipts reduce later disputes.
Where to read the law
Florida’s partition statutes are collected in Chapter 64. See: Florida Statutes, Chapter 64 (Partition) for statutory language and procedures. For court-specific filing requirements, check the website of the circuit court in the county where the property sits.
Disclaimer: This article explains general Florida law and procedure and is for educational purposes only. It does not create an attorney-client relationship and is not legal advice. For guidance about a specific situation, consult a licensed Florida attorney.