Partition Actions in Florida: Forcing the Sale of Jointly Owned Property

Co-ownership of Florida real estate works well right up until the owners stop agreeing. One sibling wants to sell the inherited house and the other refuses. An unmarried couple splits up and both names stay on the deed. Two investors buy a rental together and fall out over money. In each case the property cannot be split down the middle by argument, and one owner cannot simply force the other off the title. Florida law resolves the stalemate through a partition action.

What is a partition action?

A partition action is a lawsuit under Chapter 64 of the Florida Statutes that ends a co-ownership. The court either divides the property physically among the owners or, far more often, orders it sold and divides the proceeds according to each owner's interest. Partition is generally treated as a right, not a favor: absent an agreement waiving it, a co-owner who wants out cannot be forced to remain in the co-ownership indefinitely. Co-owners can modify or waive that right in a written co-ownership agreement, which is one reason such agreements are worth having, but where no agreement says otherwise, the right to partition is the rule. That principle is what gives the remedy its power. Once a partition case is filed, the realistic question is usually not whether the co-ownership will end, but how, when, and on what financial terms.

Who can file a partition case?

Any co-owner holding an interest in the property can generally file, whether the owners hold title as tenants in common or as joint tenants. It does not matter that one owner holds a small share and the other a large one; a minority owner can bring the case. The main exception involves married couples: property held by spouses as tenants by the entirety is not subject to partition while the marriage is intact, and disputes over that property belong in family court if the marriage ends.

The typical plaintiffs are heirs who inherited property together, former partners whose relationship ended without a divorce court to divide things, and business associates who bought property together without a written exit plan.

Will the court divide the property or order a sale?

Florida law historically prefers partition in kind, meaning a physical division of the land, when that can be done fairly. For raw acreage, physical division is sometimes realistic. For a house, a condominium unit, or a small commercial building, it almost never is: you cannot split a three-bedroom home into two usable halves. When the property cannot be divided without prejudice to the owners, the court orders a sale.

The form of the sale matters. Depending on the case, the court may order a public sale conducted through the clerk or authorize a private sale, including listing the property on the open market with a broker. An open-market sale usually produces a better price than an auction, and how the sale will be conducted is often one of the most valuable issues to litigate or negotiate.

What if the property was inherited?

Inherited property gets additional protection. Florida adopted the Uniform Partition of Heirs Property Act, which applies when the property qualifies as heirs property, typically family real estate passed down without a formal agreement among the co-owners. In those cases the statute adds safeguards: the court obtains an appraisal to establish the property's value, co-owners who did not seek the sale get a right to buy out the interest of the co-owner who did at the appraised value, and if a sale is still required, the law favors an open-market listing over a courthouse auction.

These rules exist because family property was too often lost through forced auction sales at depressed prices. If you inherited property with relatives and one of them files for partition, the heirs property rules can significantly change your options, including giving you a realistic path to keep the property by buying out the filing co-owner.

What does a partition case cost, and who pays?

Partition has an unusual cost structure. Because the lawsuit benefits all owners by converting a stuck asset into money or divided title, Florida law allows the court to apportion attorney fees and costs among the owners according to their interests, commonly paid out of the sale proceeds. That apportionment covers the work that benefited everyone; fees driven by one owner's unreasonable positions can be treated differently.

The accounting between the owners is often where the real money moves. A co-owner who paid the property taxes, the insurance, the mortgage, or for necessary repairs can generally claim credits for the other owners' shares of those payments. A co-owner who collected rent from the property may owe the others their share. By the time these adjustments are made, the final split can look very different from the bare percentages on the deed, and documentation of who paid what becomes central evidence.

Can you avoid a forced sale?

Often, yes. The filing of a partition case, or a credible threat of one, tends to bring co-owners to the table because the endgame is clear. Common resolutions include one owner buying out the other at a negotiated or appraised price, an agreed listing with a broker both sides accept, and mediated settlements that resolve the accounting issues along with the sale. Many partition disputes resolve this way once each side understands its rights and the numbers, without a trial or an auction. Filing the case and negotiating a resolution are not opposites; the case is usually what makes the negotiation real.

How does the process actually work?

The case begins with a complaint that describes the property, names everyone with an interest in it, including co-owners and lienholders, and states each owner's share. A notice of lis pendens is typically recorded when the case is filed, which places the dispute in the public record and prevents the property from being quietly sold or refinanced while the case is pending. If the shares are disputed, the court resolves ownership first. The court then determines whether division or sale is appropriate, resolves the credits and offsets between the owners, and enters a judgment directing how the property will be divided or sold and how the proceeds will be distributed. Timelines vary with how contested the case is: an agreed buyout can resolve matters in months, while a fully contested case with an accounting fight takes longer.

Salomon Smith PLLC handles partition actions and co-ownership disputes throughout South Florida, on both the filing and defending side, including inherited property cases under the heirs property rules. If you co-own property with someone and cannot agree on what happens next, call (305) 297-1018 for a free consultation, or learn more about our real estate litigation practice.

This article is for general informational purposes only and is not legal advice.