Disclaimer: This is educational information only and not legal advice. For guidance about your specific case, consult a licensed Florida attorney.

Detailed answer — what a partition action is and how it works in Florida

A partition action is a court process that lets one or more co-owners force the division or sale of real property when they cannot agree on what to do with it. In Florida, partition actions are governed by the state statutes that cover partition of land (see Fla. Stat. ch. 64).

1. Make sure you and the property are ready for partition

Before you file, confirm who actually owns the property. If the property passed through probate, determine whether title has been transferred to heirs, beneficiaries, or a personal representative. If title already lists the heirs or beneficiaries as owners, those named persons are the parties you must join in a partition action. If the property is still titled in the decedent or is part of a probate estate, you may need to coordinate with the estate administration or wait until title is transferred.

2. Prepare and file a Complaint for Partition

The basic steps in most Florida counties are:

1. File a civil complaint (often called a “Complaint for Partition” or similar) in the circuit court where the property is located. Describe the property, state each owner’s claimed interest (who owns what percentage or shares), and ask the court to (a) either physically divide the property (partition in kind) or (b) order a sale and divide the proceeds (partition by sale), and (c) appoint a commissioner or special master to carry out the partition. See Fla. Stat. ch. 64.
2. Include all persons who hold an ownership interest or recorded lien in the property as defendants (co-owners, mortgage or lienholders, heirs, creditors who hold recorded interests).

3. Serving co-owners who don’t respond or cannot be located

Proper service of process is essential. You generally must attempt personal service on all known co-owners and other interested parties. If a co-owner does not respond after proper service, you can often proceed by seeking a default judgment against that party. If a co-owner cannot be found after reasonable diligence, Florida law provides routes to notify absent parties so the case can move forward:

• Service by publication or constructive notice: If a defendant’s whereabouts are unknown after reasonable search efforts, you can ask the court to allow publication in the county newspaper or other methods authorized by Florida law and local rules. The court will require proof that you tried to locate the person.
• Appointment of a guardian ad litem or next friend: If a party is a minor, incapacitated, or otherwise unrepresented, the court may appoint a guardian ad litem to represent that person’s interests during the partition.
• Proceeding despite non-response: Once the court permits alternate service and the required notice period has passed, the court can proceed and may enter a default for failure to respond. The partition can then move forward without that party’s participation, but the court will still protect their money or share of proceeds until they come forward.

4. Partition in kind vs. partition by sale

The court will decide whether the land can be fairly divided (partition in kind) or whether the property must be sold and the sale proceeds divided. The court considers practicality and fairness. If co-owners cannot be accommodated by a reasonable physical division, the court typically orders a sale and directs how to distribute the net proceeds among co-owners and lienholders. See Fla. Stat. ch. 64 (general statutory framework for partition).

5. Distribution of sale proceeds and protecting absent owners

If the court orders a sale, it will typically direct that sale proceeds first pay costs, taxes, and valid liens, and then be distributed according to each owner’s share. If a co-owner was served by publication or otherwise did not participate, the court commonly holds that owner’s share in the court registry or orders it paid into escrow until the absent owner comes forward or their claim is resolved. That protects both the participating owners and the absent party’s economic interest.

6. Common complications and how courts handle them

• Undetermined or disputed ownership shares — courts may order an accounting and hearing to determine each party’s interest before dividing or selling.
• Mortgage or liens — lenders must be joined or otherwise given notice; liens generally must be paid from sale proceeds.
• Property tied up in probate — if the estate hasn’t transferred title, coordinate with the personal representative or seek direction from the probate court before filing a partition if necessary.

Practical timeline and costs

There’s no single timeline. Cases that involve only cooperative parties and an in-kind partition can resolve in a few months. Cases involving service by publication, missing parties, contested ownership, or court-ordered sales often take much longer — commonly many months to a year or more. Costs include court filing fees, service costs, attorney fees, title searches, appraisal and commission fees for the sale, and costs associated with publication or appointing a guardian ad litem.

Helpful hints

• Document ownership: collect the deed(s), death certificate, will, probate orders, and any title work before filing.
• Perform a title search: identify lienholders and all recorded interests so you can name them in the complaint.
• Exhaust non‑litigation options first: try written settlement offers, buyout agreements, or mediation before filing a suit for partition.
• Make diligent efforts to locate missing co‑owners: send certified letters, use last-known addresses, contact relatives, and keep records of your search — courts expect proof of diligence prior to allowing publication service.
• Consider temporary protections: if you are concerned about property maintenance, taxes, or deterioration, ask the court for interim relief to preserve value while the case proceeds.
• Expect courts to protect absent owners: even if someone is nonresponsive, the court will usually hold their share of proceeds or protect their legal rights rather than simply awarding their share to others without following proper notice rules.
• Hire an experienced Florida real‑property attorney: a lawyer can prepare pleadings, handle service issues (including obtaining permission for publication), manage title problems, and represent your interests at sale or distribution hearings.

Where to read the law

The Florida partition statutes provide the legal framework for how courts handle forced divisions and sales: Fla. Stat. ch. 64.