The Short Answer

In Florida, partition cases generally fall into two outcomes: partition in kind (physically dividing the property) or partition by sale (selling the property and dividing the proceeds). Which one applies depends on the type of property, what the co-owners request, and whether a physical division would be unfair or impractical under Florida law.

Florida also has special rules for certain cases—especially “heirs property”—that can change the analysis and the available options.

What Florida Law Says

Florida partition law is designed to resolve disputes between co-owners (cotenants) who cannot agree on what to do with shared real estate. In broad terms, the court must decide whether the property can be divided fairly among the owners (partition in kind) or whether fairness requires selling the property and distributing the proceeds (partition by sale). In some cases, Florida law also allows financial “equalization” payments to make a physical division proportionate to each owner’s interest.

The Statute

The primary law governing this issue is Fla. Stat. § 64.208.

This statute establishes that the court generally must order partition in kind if requested, unless the required statutory considerations show it would prejudice the cotenants as a group—otherwise the court may order partition by sale (or dismiss in limited circumstances).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Florida’s “heirs property” partition framework applies to actions filed on or after July 1, 2020, and can impose time-sensitive requirements once the case is underway. See Fla. Stat. § 64.203.
• Burden of Proof: Whether the property can be divided without unfairness often turns on valuation evidence, property characteristics, and whether a proposed division would prejudice cotenants—issues that typically require strong documentation and persuasive presentation.
• Exceptions: Not every “partition” dispute is treated the same. For example, Florida restricts partition actions involving certain timeshare units unless the contract allows it. See Fla. Stat. § 721.22.

Trying to handle this alone can lead to costly missteps—especially where the court must classify the property (such as determining whether it is heirs property), evaluate competing requests (divide vs. sell), and enter an enforceable judgment that correctly describes and allocates the property.

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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.