The Short Answer

Not automatically. In a Florida partition case, the court’s main job is to divide (or order the sale of) the co-owned property—and disputes about “gifts” or personal items often turn on who actually owns the item, whether it was truly gifted, and whether it is even part of the property being partitioned.

If the items are personal property that is jointly owned (or treated as part of the partition dispute), the court can address them, but you may also need separate claims depending on what was taken and why.

What Florida Law Says

Florida partition law is primarily designed to resolve ownership and division of property held by co-owners. While many people think of partition as a “real estate” case, Florida law also recognizes partition concepts for certain personal property disputes—meaning personal items can become part of the fight if they are jointly owned or tied to the co-ownership relationship.

The Statute

The primary law governing this issue is Fla. Stat. § 64.091.

This statute establishes that the laws used for partition (and sale for partition) of real estate can also apply to the partition of personal property, as far as the nature of the property permits.

If your dispute is happening in the context of an estate (a common “probate + partition” overlap), Florida also allows partition to be requested to distribute undivided interests to beneficiaries. See Fla. Stat. § 733.814.

For more background reading, you may find this helpful: Can I get my belongings back in Florida if a co-owner took them from our shared home?

Why You Should Speak with an Attorney

Even though the statutes provide the framework, “return the gifts/personal items” disputes can become expensive and risky quickly because the court has to decide what is actually owned by whom, and what remedies are available in the partition case versus a separate claim. Legal outcomes often depend on:

• Strict Deadlines: Partition cases move on court schedules, and delays in raising ownership disputes (or requesting court orders about property) can affect leverage and outcomes.
• Burden of Proof: If someone claims an item was a “gift,” the details matter—who bought it, who possessed it, whether there are texts/emails/cards/receipts, and whether the alleged gift was completed.
• Exceptions and Case Strategy: Some personal property disputes may not fit cleanly inside a partition action and may require different legal theories (and different remedies) depending on whether the issue is joint ownership, wrongful taking, or estate-related property.

Trying to handle this alone can lead to avoidable court fights, unfavorable orders about possession, or losing the chance to properly document and prove ownership.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.