The Short Answer

In a Florida partition lawsuit, you generally must file a written response (“answer”/defenses) by the deadline stated in the summons or notice, or you risk a default and losing your ability to contest key issues. If you need more time, you can ask the court to enlarge the deadline, but timing matters—requests made before the deadline are treated very differently than requests made after it.

What Florida Law Says

Partition cases are governed by Florida’s partition statutes (Chapter 64, Florida Statutes) and the civil court rules that control when and how a defendant must respond. The exact response deadline can depend on how you were served (personal service vs. publication), and missing it can allow the plaintiff to seek a default and move the case forward without your input.

The Statute

The primary law governing the response deadline when a defendant is served by publication is Fla. Stat. 7 49.09.

This statute requires the notice of action to set a deadline for the defendant to file written defenses with the clerk and serve a copy by the date in the notice (generally not less than 28 days and not more than 60 days after the first publication, with different timing rules in foreclosure cases).

If the partition case involves “heirs property” and the plaintiff is using publication, Florida’s heirs-property partition provisions also address notice requirements. See Fla. Stat. 7 64.204 (including posting requirements when the court determines the property is heirs property).

For many defendants, the deadline will be driven by the summons and the Florida Rules of Civil Procedure (for example, the standard time to serve an answer after service of the complaint). An attorney will confirm which deadline applies to your case based on the method of service and the documents you received.

If you want more time, courts can enlarge certain deadlines for “cause shown,” but whether the court will grant it can depend on whether you asked before the deadline expired and whether there is a legally sufficient reason. (This is one of the areas where getting counsel involved early can prevent avoidable default problems.)

Related reading: Can a co-owner be forced to move out during a partition case in Florida?

Why You Should Speak with an Attorney

While the general rule is “respond by the deadline or risk default,” applying it in a partition case is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: The response date can differ depending on whether you were personally served or served by publication under Florida’s notice statute, and missing the correct deadline can trigger a default.
• Burden of Proof: Partition cases often turn on proving ownership interests, credits/debts between co-owners (payments for mortgage, taxes, insurance, repairs), and whether a sale or physical division is appropriate—issues that can be waived or harmed by an incomplete response.
• Exceptions: “Heirs property” cases can involve additional statutory protections and notice requirements, and the strategy may change depending on whether the property qualifies and whether all interested parties were properly brought into the case.

Trying to handle this alone can lead to procedural errors, waived defenses, or a default that is expensive and difficult to undo. A Florida attorney can quickly evaluate the service method, confirm the real deadline, and decide whether an answer, motion, or extension request best protects your interests.

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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.