Detailed Answer: Filing a Partition Lawsuit in Florida when Co-Owners Can’t Agree

Short summary: When co-owners of real property in Florida cannot agree on keeping or dividing the property, one or more co-owners may ask a court to order a partition. Florida’s statutory partition process (Chapter 64) lets the court either divide the land physically among owners (partition in kind) or order a sale and divide the proceeds. This article explains the steps, requirements, likely outcomes, and practical tips you should know before filing.

What kinds of ownership allow a partition action?

Partition actions typically apply when the owners hold title as tenants in common or as joint tenants. You cannot use a partition action to force a division of property owned as tenancy by the entireties (usually married couples) in the same way; that ownership form has special rules. Confirm the ownership type on the deed and title documents before you proceed.

Key Florida statute

Partition actions and procedure are governed by Florida law. See Florida Statutes, Chapter 64, for the statutory framework on filing and how courts treat partitions: https://www.flsenate.gov/Laws/Statutes/2023/Chapter64.

Typical facts (hypothetical) to illustrate the process

Two siblings own a vacation home as tenants in common. One sibling wants to sell. The other wants to keep it. They cannot reach an agreement. One sibling files a partition action asking the court to either divide the land or order a sale and split proceeds according to their ownership shares.

Step-by-step: How a partition lawsuit usually works in Florida

Confirm eligibility and ownership shares.

Check the deed, title, and any written agreements to confirm ownership type and each person’s interest (percentages). If the property is owned as tenancy by the entireties, consult an attorney because partition relief is often not available to a single spouse.
Try negotiation and alternatives first.

Courts favor resolving disputes without litigation. Consider mediation, a buyout (one owner pays others for their interest), or agreement on who will occupy and manage the property and the timing of any sale.
Prepare and file the complaint for partition.

File in the circuit court in the county where the property is located. The complaint should identify the property, describe each party’s interest, name all co-owners and known lienholders, and request partition in kind or sale. Attach copies of the deed and title documents if you have them.
Serve all interested parties and lienholders.

Every co-owner and anyone with a recorded interest (mortgage, judgment, lien) must be served. Parties can include unknown or unborn claimants in some situations; the court can allow publication notice when necessary.
Preliminary proceedings and discovery.

Parties exchange information about the property, appraisals, improvements, rents, and liens. The court may set a schedule for appraisals, inspections, and motions.
Determination of partition type: in kind vs. sale.

The court will try to partition in kind (divide the land) when it is practicable and fair. If dividing the land would be impracticable or inequitable, the court will order a sale and divide the net proceeds. Practical considerations include size, location (e.g., a single-family home on one lot), zoning, and physical features.
Valuation and appointment of commissioners or appraisers.

The court often orders appraisals or appoints commissioners to determine fair value and to oversee partition by sale. The court will issue instructions on how to conduct the sale (private sale vs. public auction) and how to credit costs.
Sale, payoff of liens, and distribution.

If the court orders a sale, sale proceeds pay recorded liens, court costs, and sale expenses first. The remainder is distributed to owners according to their legal interests. If the court partitions in kind, it will allocate parcels reflecting each owner’s share or order adjustments (money payments) if exact division cannot reflect value differences.
Costs and attorney’s fees.

Filing and court costs, appraisal and commission fees, and attorney fees can be substantial. Florida law allows the court to allocate costs and may award fees in certain circumstances (for example, under contract or equitable grounds). Check Chapter 64 and related rules for guidance.

Timelines and what to expect

Uncontested partitions can resolve in a few months. Contested actions that require extensive discovery, disputes over valuation, or litigation over liens or ownership can take a year or more. Sales may be delayed by market conditions or title defects that need clearing.

Common complications

Title defects or unrecorded interests that must be resolved before sale.
Mortgages and liens that reduce proceeds or require payoff arrangements.
Disagreement over whether partition in kind is feasible.
Owners who occupy the property and do not cooperate (tenant/occupancy issues).
Tenancy by the entireties or special ownership arrangements that bar partition by one owner.

Practical documents and information to gather before filing

Deed, title report, and chain of title
Mortgage and lien documents
Property tax bills and recent tax assessments
Lease or rental agreements and records of rental income
Records of improvements and receipts
Contact information for all co-owners and known lienholders

Where to file and statutory reference

File a complaint for partition in the circuit court in the county where the property is located. The statutory framework for partition actions is in Florida Statutes, Chapter 64: https://www.flsenate.gov/Laws/Statutes/2023/Chapter64. That chapter explains the court’s power to divide property or order sale, and the procedures for notice, sale, and distribution.

When to consult a Florida attorney

You should talk to a Florida real property attorney if:

Title is unclear or ownership form may be tenancy by the entireties.
There are substantial liens, mortgages, or creditor claims.
Co-owners are hostile or refuse to cooperate with valuation or sale.
The property has unique features (commercial use, environmental issues, or zoning constraints) that make partition in kind complex.

Helpful Hints

Try mediation first. Courts encourage resolving partition disputes without a lawsuit.
Confirm legal ownership and share percentages before filing.
Get one or more independent appraisals to understand fair market value.
Consider a buyout: an owner can purchase co-owners’ interests instead of a court-ordered sale.
Know that mortgages and liens travel with the property and typically must be paid at sale.
Expect legal and sale costs to reduce proceeds; plan for net distribution accordingly.
If a spouse/co-owner claims tenancy by the entireties, consult counsel—partition may not be an option.
Keep a clear record of repairs, rent collected, and contributions; courts may consider these when allocating costs or credits.

Disclaimer: This article explains general Florida law and typical procedures for educational purposes only. It is not legal advice. Every case is different. Consult a licensed Florida attorney for advice about your specific situation.