When co-owners of property in Florida disagree on the use, sale, or management of jointly owned real estate, one legal remedy is a partition action. A partition action is a lawsuit that seeks to divide the property among the owners or sell it and distribute the proceeds.
Here’s an overview of how partition actions work in Florida:
Types of Co-Ownership in Florida
Co-ownership typically falls into these categories:
- Tenants in Common – Each owner has a specific share, which can be unequal.
- Joint Tenants with Right of Survivorship – Equal ownership with right of survivorship.
- Tenancy by the Entirety – Reserved for married couples; includes survivorship and creditor protection.
Partition actions generally apply to all types except tenancy by the entirety, unless the marriage is dissolved.
Partition Options
Florida recognizes two main types of partition:
- Partition in Kind – Physical division of the property among the owners. Only possible when the land can be fairly divided (e.g., raw land or large lots).
- Partition by Sale – If physical division is impractical (e.g., a single-family home), the court may order a judicial sale, and proceeds are split according to ownership shares.
Process of a Partition Action in Florida
- Filing the Complaint
- One or more co-owners (plaintiffs) file a lawsuit in the county where the property is located.
- The complaint must:
- Identify the property and its legal description.
- Name all co-owners (defendants).
- State the plaintiff’s ownership interest.
- Request partition (in kind or by sale)
- Service and Response
- All co-owners must be properly served.
- Defendants can agree, dispute ownership, or contest the partition.
- Court Determination
- The court determines:
- Ownership shares.
- Whether partition in kind is feasible.
- If not, orders a sale.
- The court determines:
- Appointment of a Special Magistrate or Referee (optional)
- The court may appoint a neutral third party to help oversee the division or sale.
- Partition by Sale
- If a sale is ordered:
- Property is sold (often by public auction unless otherwise agreed).
- Costs (e.g., court fees, attorney’s fees, taxes) are deducted.
- Net proceeds are distributed according to ownership shares.
- If a sale is ordered:
- Disputes Over Contributions
- Co-owners can argue about:
- Unequal contributions (mortgage payments, taxes, improvements).
- These may be factored into the final distribution.
- Co-owners can argue about:
Important Legal Considerations
- Attorney’s Fees – Often awarded from the sale proceeds, sometimes shared among all owners.
- Forced Sale Risk – A partition by sale can result in forced sale at a lower value than market price.
- Right to Buy Out – Sometimes, a co-owner may offer to buy out the others instead of selling the property.
Alternatives to Partition
Before filing, co-owners may consider:
- Negotiation – Agreeing to sell and split proceeds without court.
- Mediation – A neutral third party helps reach an agreement.
- Buyout – One co-owner buys out the other’s interest.
Summary: What Happens When Co-Owners Disagree in Florida?
- Any co-owner can file a partition lawsuit to resolve disputes.
- The court will decide how to equitably divide or sell the property.
- If partition in kind isn’t practical, the property is usually sold, and proceeds are divided.
- Ownership contributions and expenses may affect how proceeds are split.
If you’re considering a partition action or facing one, it’s strongly recommended to consult a Florida real estate attorney. The process is highly legalistic, and errors can cost you time and money.
Contact the Violette Law Firm to address all your partition action concerns.