Detailed Answer
When co-owners of property in Florida cannot agree on sale logistics or cost sharing, they may file a partition action under Chapter 64 of the Florida Statutes. A partition action lets the court divide or sell the property and distribute proceeds according to each owner’s share.
Partition in Kind
The court physically divides property into separate parcels if it can allocate shares fairly without harming value. See F.S. 64.041.
Partition by Sale
If dividing the property reduces its value or proves impractical, the court orders a sale. A public sale generates proceeds that the court distributes based on ownership interests. See F.S. 64.051.
Appointment of Commissioners and Cost Allocation
The court appoints commissioners to oversee partition or sale. Commissioners can require deposit of estimated expenses and later settle costs. Owners pay their proportional share. See F.S. 64.061 and F.S. 64.07.
Alternative Dispute Resolution
Before or during a partition lawsuit, owners can use mediation or arbitration. Florida courts encourage ADR under Florida Rule of Civil Procedure 1.700–1.730. ADR can save time and legal fees.
Buy‐Out Agreements
Co-owners may negotiate a buyout at fair market value. An independent appraisal establishes value. A written buy-sell agreement can set terms, deadlines, and remedies for nonpayment.
Helpful Hints
- Put all co-owner agreements and communications in writing.
- Order a professional appraisal to determine fair market value.
- Explore mediation before filing a court action.
- Review any existing co-ownership or operating agreements.
- Track and document all improvements and expenses.
- Understand your exact ownership percentage before proceeding.
- Consult a licensed attorney to prepare and file court papers.
Disclaimer: This article provides general information and does not constitute legal advice. For advice about your situation, consult a Florida-licensed attorney.