The Short Answer

In Florida, a partition action is the court process used to divide jointly owned property (or, more commonly, to order a sale and split the proceeds when the property can’t be fairly divided). The cost and timeline vary widely based on whether the case is contested, whether the property must be sold, and whether the court appoints commissioners or a special magistrate.

Because Florida law can require the parties to share costs and attorney’s fees in equitable proportions, it’s important to talk with a lawyer early to understand your likely financial exposure and the best strategy.

What Florida Law Says

Florida partition cases are handled as equitable (chancery) actions, and they can arise in a standard civil dispute between co-owners or in a probate context when beneficiaries are entitled to undivided interests. Depending on the facts, the court may order a physical division of the property, or it may direct a sale if division would prejudice the owners.

If the property is part of an open estate administration, Florida probate law allows a beneficiary (or the personal representative) to ask the probate court to partition the property before the estate closes, using the same general framework as a civil partition case.

The Statute

The primary law governing costs and attorney’s fees in a Florida partition case is Fla. Stat. § 64.081.

This statute establishes that the court can require each party to pay a share of the costs (including attorney’s fees) on equitable principles in proportion to their ownership interest, and the court may order costs/fees and taxes to be paid out of sale proceeds.

In probate-related situations, an important related statute is Fla. Stat. § 733.814, which allows partition for purposes of distribution before an estate is closed.

For a deeper overview of common co-owner disputes that lead to partition, you may also find helpful: Can I force the sale of a co-owned house with my sibling in Florida if we can’t agree? and Can a co-owner sell without consent, and what happens in a partition action?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Partition cases can involve short statutory response windows and court-set deadlines (for example, objections to a commissioners’ report may be due quickly once served), and missing them can change leverage or outcomes.
• Burden of Proof: If one side argues the property is indivisible (or that a sale is necessary), the court will evaluate evidence about the property, ownership interests, liens, occupancy, and whether division would cause prejudice.
• Exceptions and Special Rules: Some properties and ownership situations trigger additional analysis (for example, probate distribution issues under Fla. Stat. § 733.814, or whether the court will appoint commissioners versus a special magistrate to handle a sale). These details can materially affect timeline and cost.

Cost is also not just “filing fees.” In many partition cases, the court can allocate attorney’s fees and other costs among the parties under Fla. Stat. § 64.081. That means a misstep can increase what you pay (or reduce what you receive) when the property is divided or sold.

Trying to handle a partition action without counsel can lead to avoidable disputes over valuation, credits/offsets, sale terms, and fee allocation—any of which can delay the case and reduce your net recovery.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.