Detailed Answer — How a Florida partition action works after failed mediation

When mediation between co‑owners of land fails and you want to force a sale, you typically must file a partition action in Florida circuit court under the Florida partition statutes (Chapter 64). The partition process is a judicial procedure that either divides the property among owners (“partition in kind”) or orders a sale and divides the money among owners according to their ownership shares. See Florida Statutes, Chapter 64 for the statutory framework: Fla. Stat. Ch. 64.

1. Who files and where

Any co‑owner (tenant in common or joint owner with severable interests) may file a complaint for partition in the circuit court in the county where the property is located. The complaint names all persons with an interest in the property. If you are a co‑owner who wants to force a sale after mediation fails, you will be the plaintiff asking the court to partition the property.

2. What the complaint must say and evidence to attach

The complaint generally describes the property (legal description or tax parcel), states your ownership interest and the interests of other owners, and asks the court either to divide the property or to appoint a commissioner to sell it and divide the proceeds. Attach copies of deeds, title documents, or other proof of ownership and any recorded liens.

3. Service of process and required parties

All known co‑owners and persons with recorded interests (mortgagees, lienholders) must be served. If some owners are unknown or cannot be located, the court allows service by publication or other methods to bind unknown owners.

4. Partition in kind vs. partition by sale

The court will prefer partition in kind (physically dividing the land) only if that can be done fairly without great prejudice to owners. If the land cannot be fairly divided—for example, a single house on one lot or an irregular parcel—then the court will order a sale and divide the proceeds among owners according to their respective interests. The statutes and established practice govern how the court decides and implements partition. See Fla. Stat. Ch. 64.

5. Appointment of commissioners or a special master

The court commonly appoints commissioners (sometimes called commissioners of partition or a special master) to examine the property, prepare a plan of division, handle the sale, or sell at public auction. The commissioners report back to the court, and the court confirms actions such as sale and distribution of proceeds.

6. Sale process

If the court orders a sale, the sale typically occurs by public auction conducted under the court’s direction. The process includes advertising, an auction or sealed bids, and a report to the court. The court confirms the sale, funds are collected, liens and costs are paid, and the net proceeds are distributed to owners according to their ownership shares and any priorities for liens.

7. Liens, mortgages, taxes and distribution of proceeds

Recorded liens and mortgages on the property must usually be satisfied from the sale proceeds in order of priority. Property taxes, costs of sale, commissioners’ fees and court costs are also paid before distributing net proceeds to owners. If one owner has paid a disproportionate share of taxes or expenses, that owner may seek accounting credit in the distribution, but you will need evidence and possibly a specific court request.

8. Timing and costs

Partition actions can take several months to a year or more, depending on complexity, whether there are title or lien disputes, and local court schedules. Costs include filing fees, service costs, commissioners’ fees, appraisal costs, advertising and possibly attorneys’ fees. Florida law allows recovery of certain costs and commissioners’ fees; however, attorneys’ fees are recoverable only if a contract, statute, or other rule permits fee shifting. Ask an attorney about fee exposure and whether you can obtain a fee award in your situation.

9. Possibility of buyout or settlement before sale

Court proceedings often prompt settlement. Co‑owners can negotiate a buyout (one owner pays others their share) or agree on a private sale. Courts commonly permit the owners to buy the property out of the proceeds or direct the sale process in a way that accommodates a negotiated resolution.

10. Defenses and complications

Co‑owners may raise defenses or counterclaims: claims for contributions (e.g., from mortgage payments or property improvements), claims against other co‑owners for waste, or disputes about title or adverse possession. Also, if a co‑owner files bankruptcy, an automatic stay may temporarily halt partition until bankruptcy issues resolve. Title problems and unrecorded interests can delay or complicate the case.

11. Practical example (hypothetical)

Hypothetical: Anna and Ben own 10 acres as tenants in common. Mediation fails. Anna files a partition complaint in the county circuit court, names Ben and a recorded mortgagee, and attaches their deeds. The court appoints commissioners, who inspect the land and report that the property cannot be divided without great prejudice (a single house sits across the parcel), so the court orders a public sale. After advertising and auction, the sale clears liens and costs. The net proceeds are distributed 50/50 to Anna and Ben, after crediting any amounts owed on the mortgage and paying the commissioners and court costs.

Helpful Hints — What to do if mediation fails and you consider partition

• Gather proof of ownership: deeds, title report, and any agreements among owners (e.g., written buy‑sell or co‑ownership agreements).
• Collect records of payments, improvements, taxes and insurance—these support claims for contribution or credit in court.
• Check for recorded liens or mortgages before filing; the sale proceeds will generally pay these first.
• Consider a neutral appraisal before filing so you know the likely sale value and possible buyout amounts.
• Explore a negotiated buyout or private sale before filing—the court process is slower and more costly than a settlement.
• Talk to a Florida real property attorney early to understand local practice, likely costs, and whether attorney’s fees could be awarded in your case.
• If an owner is missing or cannot be found, ask the attorney about substituted service or publication to make sure the partition binds unknown parties.
• Be prepared for time: partition actions involve inspections, reports, advertisements, and court confirmation before final distribution.
• Keep copies of all mediation communications and settlement offers—courts may consider prior attempts to settle when resolving disputes.