Short answer: In Florida, if you still co-own real property with your ex after a divorce, your main legal routes are: enforce any property division order in the divorce judgment; negotiate a buyout or voluntary sale; use mediation or settlement; or file a judicial partition action under Florida law. Homestead protections under the Florida Constitution can limit forced sales of a primary residence. The best option depends on whether the divorce court already issued property orders, how the title is held, and whether the property qualifies as homestead.
Detailed answer — how the law typically works and what you can do
1) Start by reviewing the divorce judgment and the deed
Look for any language in the final judgment that awards the property, orders a sale, or requires one party to buy out the other. If the family court already decided ownership or ordered sale, you normally enforce that order in the same probate or family court. Also inspect the deed and public records to see whether you and your ex own as tenants in common, joint tenants, or another form of title. Ownership form affects your rights but does not prevent a partition action in most cases.
See Florida equitable distribution statutes (family court authority): Florida Statutes Chapter 61 (Dissolution of Marriage).
2) If a divorce order exists: enforcement and contempt
If the divorce judgment directed sale or transfer and the other party refuses to comply, you can file a motion to enforce the judgment or a contempt motion in the divorce/family court that issued the order. Courts have tools (contempt, turnover orders, writs of possession) to enforce their property orders.
3) If no divorce order resolved the property: partition actions (civil court)
When co-owners cannot agree and no controlling divorce order exists, either co-owner may file a partition action. Florida law provides the statutory procedure and remedies for dividing real property owned by two or more persons. The court first considers partition in kind (physically dividing the property) when practicable. If a physical division is not practical or fair, the court may order partition by sale and divide net proceeds among owners according to their ownership shares.
See the partition statutes: Florida Statutes Chapter 64 (Partition of Real Property).
4) Homestead protections — an important limit
Florida grants strong constitutional protections to homestead property (your primary residence). These protections limit forced sale by creditors and affect how property can be conveyed. If the property qualifies as homestead, forced sale or division can be restricted or require special procedures. Whether the home remains homestead after divorce depends on facts like who lives there, how the parties handled homestead designation, and what the divorce judgment ordered.
See the Florida Constitution on homestead protections: Florida Constitution (Article X — Homestead provisions).
5) Alternatives to a court-ordered sale
- Buyout: One co-owner refinances or borrows to buy the other out and takes full title.
- Voluntary sale: Agree to list and sell, split proceeds per agreement.
- Mediation or settlement: Use a neutral mediator to reach terms that avoid litigation.
- Partition by agreement: Parties can agree to divide interests or convert to other ownership forms.
6) Practical steps to take now
- Gather records: divorce judgment, deeds, mortgage statements, property tax bills, home insurance, and settlement agreements.
- Check title: confirm how the property is held (tenancy in common, joint tenancy, etc.).
- Determine homestead status: decide whether the property qualifies as homestead and whether either party claims homestead exemptions.
- Talk to your ex (if safe): propose buyout, refinance, or sale to save cost and time.
- Consider mediation: cheaper and faster than litigation in many cases.
- If needed, consult a Florida real property or family law attorney to evaluate filing a partition action or enforcing a divorce order.
7) Timeline, costs, and likely outcomes
Partition and enforcement actions vary widely. Expect months for negotiation and several months to over a year for litigation, depending on court schedules, title complications, and appeals. Costs include court filing fees, attorney fees, appraisals, and (if the court orders a sale) closing expenses and commissions. If the court orders partition by sale, proceeds are divided after liens, mortgages, and costs are paid.
8) Example (hypothetical)
Two co-owners divorced but left the house titled as tenants in common. One wants to keep the house; the other wants out. If they cannot agree, the wanting-out owner can file a partition action under Chapter 64. The court will assess whether the property can be divided physically. If not, the court will order sale and distribute the net sale proceeds according to ownership shares, after paying mortgages and costs.
Helpful Hints
- Don’t assume title equals outcome: even joint title may be altered by a divorce order or homestead law.
- Get a current market appraisal before negotiating a buyout or sale.
- If the divorce judgment mentions the property, handle disputes through the divorce court, not a separate new action unless necessary.
- Act quickly to protect rights: statutes of limitations and equitable defenses can bar claims later.
- Keep clear documentation of payments, improvements, and communications about the property.
- Consider tax consequences of sale or buyout (capital gains, mortgage interest deduction changes) and consult a tax professional.
- If you believe the property is homestead, discuss that fact upfront with counsel because it materially affects remedies.
Disclaimer: This article explains general information about Florida law and common legal options. It is not legal advice, and it does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Florida attorney who can analyze your documents and facts.