Partition Action Attorneys in Florida
PARTITION ACTIONS
Co-owned and inherited property, a co-owner who will not sell or buy you out, a family standoff over the house. Speak directly with a trial attorney.
$1.25M recent real estate recovery · 60+ years combined experience · Free initial consultation
Serving co-owners across Florida. Past results do not guarantee a similar outcome. Salomon Smith PLLC.
Tell us about the property
Co-ownership disputes rarely resolve on their own: taxes, insurance and mortgage payments keep coming, and one owner often carries them alone. Call or send the form, and an attorney reviews the deed, the shares and the history, then gives you an honest read on your position. No pressure, no obligation.
A direct conversation with an attorney, not an intake screener.
A straight answer on whether you have a case worth pursuing.
Clear next steps and a fee structure before you commit to anything.
Prefer to talk now? Call (305) 297-1018
Free consultation
Tell us briefly about your dispute. Your message goes directly to an attorney.
Submitting this form does not create an attorney-client relationship. Please do not include confidential details; a brief description is enough.
How a Florida partition works
When the land can be divided fairly, the court splits it by share.
In kind
When it cannot, the court orders a sale and divides the proceeds.
By sale
Heirs property: other owners may buy out the owner seeking a sale.
Buyout
Taxes, mortgage and rents paid or collected are settled first.
Accounting
Every partition turns on the deed, the shares and the property. Have yours reviewed early.
Partition disputes we litigate
Five situations make up most of the firm’s partition work. If yours sits between categories, call anyway; most do.
Inherited Property Disputes
Siblings or heirs inherit a house and cannot agree to sell, rent or buy each other out. A partition action lets a Florida court divide the property or order it sold, with each owner paid by share.
An ex-partner, relative or investor stays in the property, blocks a sale or refuses to buy you out. Any co-owner can generally ask a court to partition, unless an agreement or a tenancy by the entirety prevents it.
Co-Owner Refuses to Sell
When family land has passed down to several relatives, Florida’s heirs property act can add protections: a court-set value, a buyout right for the other owners and an open-market sale instead of an auction.
Heirs Property
Co-owned rental, commercial or investment property where the owners are at an impasse. We pursue the partition and the accounting that goes with it, including rents collected and expenses paid.
Investment & Business Property
One owner paid the taxes, insurance, mortgage or repairs alone, or another collected the rents. Those payments and receipts are settled in the partition before the proceeds are divided.
Credits, Rents & Accounting
Not sure where your situation fits? Tell us about the property and the owners, and an attorney will tell you where it stands.
How we work
You work with the attorney handling your case, from the first call through resolution. No layers between you and the person doing the work.
Direct attorney access
Daniel S. Smith has litigated Florida business disputes for over a decade, backed by Jose Smith's five decades of trial experience as Of Counsel.
60+ years combined experience
If a case is not worth pursuing, we tell you. Strategy is built around the outcome that makes sense for you, not around the fight itself.
Honest assessments
From demand letter through trial and appeal, your case stays with your attorney. Nothing gets handed off.
Handled personally, start to finish
What happens when you call
Call (305) 297-1018 or send the form. Your details go straight to an attorney, day or night.
1
Reach Out
We review the deed, the ownership shares and what each owner has paid, then give you a candid read on your options.
2
Free Consultation
If we move forward together, you approve the strategy and the fee structure before anything is filed.
3
A Clear Plan
Partition questions, answered
-
Usually, yes. Any co-owner can generally ask a court to partition the property. If it cannot be divided fairly, the court orders it sold and divides the proceeds by ownership share. Property held by spouses as tenants by the entirety, and some co-ownership agreements, are exceptions.
-
Florida law provides for reasonable attorney’s fees in partition actions, generally shared among the owners according to their interests (section 64.081). How that applies depends on the facts, and we review it at the consultation.
-
Any heir who co-owns the property can seek partition. If it qualifies as heirs property, Florida adds protections: a court-determined value, a chance for the other owners to buy out the owner seeking the sale, and an open-market sale rather than an auction.
-
Often, yes. A partition can include an accounting in which payments one owner made for taxes, insurance, mortgage and necessary repairs, and rents another owner collected, are settled before the proceeds are divided.
-
Yes. The firm represents co-owners in partition actions throughout Florida.
Get a straight answer on your position and your options. Free consultation with a Florida partition attorney, day or night.