The Short Answer

In Florida, when co-owned property is sold through a partition case, the court generally divides the net sale proceeds among the co-owners based on each person’s ownership percentage. Before anyone is paid, the court can require that certain costs, taxes, and court-approved attorneys’ fees be paid out of the sale proceeds.

What Florida Law Says

Florida’s partition statutes allow a court to order a sale when the property cannot be fairly divided, then distribute the money from the sale to the owners according to their respective interests. In many real-world cases, the “net” amount each co-owner receives can change based on court-approved allocations for costs and equitable adjustments (for example, expenses paid by one co-owner that benefited the property).

The Statute

The primary law governing how sale proceeds are divided in a partition sale is Fla. Stat. § 64.071.

This statute establishes that if the court orders a sale, the money from the sale is paid into the court and then divided among the parties in proportion to their ownership interests.

Costs and taxes can also come “off the top.” Florida law provides that partition judgments allocate costs (including attorneys’ fees that benefited the partition) on equitable principles in proportion to each party’s interest, and that taxes due at the time of sale are paid out of the purchase money. See Fla. Stat. § 64.081.

If the co-ownership is coming from an estate (common with inherited property), Florida probate law also allows partition “for purpose of distribution” before the estate closes, using the same partition framework. See Fla. Stat. § 733.814.

For more background on the overall process, you may also want to read: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?

Why You Should Speak with an Attorney

While the basic rule sounds simple (divide proceeds by ownership percentage), the real dispute in many partition cases is what gets paid or credited before the split. Legal outcomes often depend on:

• Strict Deadlines and Court Approval: In a partition by sale, the sale must be reported and approved by the court before distribution, and the proceeds are paid into the court. See Fla. Stat. § 64.071(3).
• Burden of Proof on Credits/Offsets: If someone claims they should be reimbursed for mortgage payments, taxes, insurance, repairs, improvements, or that another co-owner owes rent/“use and occupancy,” those issues can require evidence and equitable analysis—often changing the final payout.
• Fees and Costs Can Reduce Net Proceeds: The court can allocate costs and attorneys’ fees on equitable principles and may have them paid from the sale proceeds. See Fla. Stat. § 64.081. (Related: Who Pays Commissioner Fees and Attorney Costs in a Florida Partition Sale?)

Trying to handle a partition alone can lead to avoidable financial loss—either by missing legitimate credits you should receive or by agreeing to deductions you shouldn’t have to pay.

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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.