The Short Answer

Florida law does not set a single, fixed number of days for a commissioner (or the clerk/special magistrate) to sell real property in a partition case. In practice, the timeline can range from a few months to a year or more, depending on whether the court orders a public auction, whether there are objections, and how quickly the court confirms the sale.

What Florida Law Says

In a Florida partition action, the court may appoint commissioners to handle the partition, and if the property cannot be fairly divided, the court can order a sale instead. The key point for timing is that the process is court-controlled: the sale must be conducted under the court’s order, then reported back to the court, and then approved (confirmed) before a deed is issued. That court-supervised sequence—plus any disputes—drives how long it takes.

The Statute

The primary law governing a court-ordered partition sale is Fla. Stat. § 64.071.

This statute establishes that when the court determines the property is not divisible without prejudice to the owners, it may order the property sold (often at public auction) and requires the sale to be reported to the court and approved before any conveyance is made.

Relatedly, commissioners must report their work to the court “without delay,” and parties have a short window to object to a commissioners’ report. See Fla. Stat. § 64.061 (including the 10-day objection period after service of the report).

If the court appoints a special magistrate or the clerk to sell (including potentially by private sale in some situations), that can also affect timing. See Fla. Stat. § 64.061(4).

For deeper background, you may also want to read: What Does a Partition Action Cost and How Long Does It Take in Florida? and How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your specific situation is rarely simple. How long a commissioner sale takes often depends on case-specific issues that can slow (or speed up) the process, including:

• Strict Deadlines: Even when the case is moving, parties can file objections to a commissioners’ report within 10 days after service, which can trigger hearings and delays. See Fla. Stat. § 64.061(3).
• Burden of Proof: Disputes over ownership interests, credits for expenses (taxes, insurance, repairs), or whether the property is truly “indivisible” can require evidence and court rulings before a sale is even ordered.
• Exceptions and Sale Mechanics: The court must approve the sale and order conveyance before the deed is issued, and the sale method (commissioners vs. clerk; public auction vs. other court-approved approaches) can materially change the timeline. See Fla. Stat. § 64.071(3) and § 64.061(4).

Trying to push a partition sale forward without counsel can lead to avoidable delays, missed opportunities to protect your financial interest, or a sale process that doesn’t reflect the property’s value.

If you want more context on cost allocation issues that often become leverage points (and delay points), see Who Pays Commissioner Fees and Attorney Costs in a Florida Partition Sale?.

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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.