Partition in Florida: What Happens When Co-Owners Cannot Agree on What to Do With a Property?
- Mack Justin, Esq.
- 2 days ago
- 9 min read
Owning real estate with someone else can work well when everyone agrees. But when co-owners disagree about whether to sell, rent, live in the property, repair it, refinance it, or buy each other out, the property can quickly become stuck.
That is where a partition action may come in.
A partition action is a court case that allows a co-owner of real property to ask the court to divide or sell the property when the owners cannot agree. In Florida, partition actions are governed mainly by Chapter 64, Florida Statutes. Florida law also has special rules for certain inherited family properties under the Uniform Partition of Heirs Property Act.
What Is Partition?
Partition is the legal process used when two or more people own the same property and one or more owners want out.
In simple terms, a partition asks the court to do one of two things:
Divide the property, if it can be legally and practically divided; or
Order the property sold, with the proceeds divided among the owners according to their legal interests, subject to credits, reimbursements, costs, and other adjustments.
For most residential homes, townhomes, condos, and single-parcel properties, the court usually cannot physically split the house down the middle. In those cases, partition often results in a sale of the property.
Common Reasons Co-Owners File for Partition
Partition cases often happen when co-owners cannot agree on basic decisions, such as:
One owner wants to sell, but the other does not.
One owner lives in the property and refuses to leave.
One owner wants to rent the property, but the other wants to occupy it.
One owner pays the mortgage, taxes, insurance, or repairs while the other contributes nothing.
One owner collects rent but does not share it.
Family members inherit property and cannot agree on what to do with it.
Former couples, business partners, siblings, or investors no longer want to own property together.
One owner wants to buy out the other, but they cannot agree on price or terms.
Partition is not always about fighting. Sometimes it is simply the legal way to force a clean ending when informal negotiation is no longer working.
You Must Be a Co-Owner
A key point: you generally must have an ownership interest in the property to bring a partition action.
Partition is for co-owners. That usually means your name is on the title, or you have a legally recognized ownership interest. If you are only a tenant, occupant, boyfriend, girlfriend, family member, helper, contributor, or someone who paid expenses but never received title, partition may not be the correct claim.
That does not mean you have no legal rights. It just means the case may involve a different type of claim, such as contract, unjust enrichment, resulting trust, constructive trust, probate, quiet title, ejectment, or another real estate dispute.
If the Title Is in Question, Partition May Not Be the First Step
Partition works best when the owners and their ownership percentages are clear.
If the title is disputed, the court may need to resolve that issue first. For example:
The deed may be defective.
A person may claim they were supposed to be added to the title but were not.
A deceased owner’s interest may not have gone through probate.
There may be competing deeds.
A deed may have been signed under questionable circumstances.
A party may claim fraud, undue influence, mistake, or lack of capacity.
The property may be owned by an estate, trust, LLC, or someone not properly before the court.
If the question is “Who owns the property?”, then a quiet title, probate, deed correction, declaratory judgment, or related action may need to be addressed before or along with partition.
Partition answers: What do we do with jointly owned property?
It does not automatically fix every title defect.
How a Florida Partition Case Usually Works
Every case is different, but a partition case often follows this general path.
1. Review the Deed and Title
Before filing, the attorney should review the deed, property appraiser records, mortgages, liens, probate issues, tax records, and any agreements between the owners.
The goal is to determine:
Who is on title?
What percentage does each owner hold?
Are there liens, mortgages, judgments, or tax issues?
Is the property homestead?
Is it inherited property?
Is it held as tenants in common, joint tenants, husband and wife, LLC members, trust beneficiaries, or another structure?
Are there title issues that need to be addressed first?
This step matters because the court needs to know who has an interest in the property.
2. File the Partition Complaint
The partition case starts with a complaint filed in court. Florida’s partition statute identifies what must be included, including a description of the property and the interests of the parties, to the extent known.
The complaint usually asks the court to determine the parties’ ownership interests, order partition, and, if the property cannot be fairly divided, order a sale.
3. Serve All Interested Parties
All necessary parties must be brought into the case. This can include co-owners, lienholders, mortgage holders, judgment creditors, estate representatives, and others with a recorded interest.
If someone has a legal interest in the property, they may need to be included so the final judgment can properly address the property and sale proceeds.
4. Determine Ownership Interests
The court must determine each party’s ownership interest. Sometimes that is simple: two owners each own 50%.
Other times, it is more complicated. The deed may not state percentages. One owner may have inherited a portion. Several heirs may own fractional interests. A party may claim another owner gave up rights. There may be probate, trust, or estate issues.
This stage is important because ownership percentage is the starting point for dividing sale proceeds.
5. Determine Whether the Property Can Be Divided
Some land can be physically divided into separate parcels. Many properties cannot.
A vacant tract of land may be capable of division if zoning, access, size, utilities, and local land development rules allow it. But a single-family home, condo, or small residential lot usually cannot be divided in a practical way.
If the property cannot be divided without prejudice to the owners, the court may order the property sold. Florida’s partition statutes address sale where property is not divisible.
6. Sale of the Property
If the property must be sold, the next issue is how.
Depending on the case, the property may be sold through:
A court-ordered sale;
A private listing with a Realtor;
A special magistrate;
A public sale;
A buyout by one co-owner;
Another method approved by the court.
In practical real estate terms, a Realtor listing is often better than a forced courthouse-style sale because the property may receive more market exposure, professional photos, access to buyers, inspections, financing opportunities, and better pricing.
However, the sale process depends on the court order and the facts of the case.
Can One Owner Buy Out the Other?
Yes, sometimes.
Before or during a partition case, one owner may offer to buy the other owner’s interest. This can be done by agreement or, in certain heirs property cases, through specific statutory procedures.
A buyout can make sense when one owner wants to keep the property and has the financial ability to pay the other owner fairly.
But the owners still need to agree on value, credits, mortgage payoff, closing costs, deadlines, and whether the buying owner can qualify for financing or otherwise pay the purchase price.
What About Reimbursements and Credits?
This is one of the biggest issues in partition cases.
The starting point may be each owner’s title percentage, but the final distribution can be adjusted based on equitable claims. A co-owner may ask for credits or reimbursements for money spent on the property.
Common reimbursement or credit claims include:
Mortgage Payments
If one owner paid the mortgage for years, that owner may claim credit for payments that preserved the property.
But the analysis may not be automatic. The court may also consider whether that owner lived in the property, whether the other owner was excluded, and whether the payment benefited all owners.
Property Taxes
Taxes are usually a strong reimbursement claim because unpaid property taxes can result in penalties, tax certificates, or loss of the property.
Insurance
Insurance may also be reimbursable if it protected the property and benefited all owners.
Necessary Repairs
Repairs that preserve the property may support a credit. Examples can include roof repairs, plumbing repairs, electrical repairs, structural repairs, or work necessary to prevent damage.
Improvements
Improvements are more complicated.
A repair keeps the property from getting worse. An improvement may increase value. For example, adding a pool, remodeling a kitchen, replacing flooring, or upgrading finishes may or may not be fully credited.
The issue is often whether the improvement was necessary, reasonable, agreed to, and whether it increased the property value.
Rent Collected
If one owner rented the property and collected rent, the other owner may claim their share of the rental income.
Exclusive Use and Occupancy
If one owner lived in the property and excluded the other owner, the non-occupying owner may claim an offset for the value of use and occupancy.
This can be heavily disputed. The occupying owner may argue they paid the mortgage, taxes, repairs, association dues, insurance, or other carrying costs.
HOA or Condo Assessments
If one owner paid required HOA or condo dues, that may be part of the accounting.
Utilities and Personal Expenses
Utilities are more case-specific. If the occupying owner used the utilities personally, those may not be treated the same as taxes, insurance, or mortgage payments.
Realtor Commission, Closing Costs, and Sale Expenses
When property is sold through partition, sale proceeds usually do not simply get split immediately.
The closing statement may include deductions such as:
Mortgage payoff;
Property taxes;
Realtor commission;
Title charges;
Documentary stamps;
Closing fees;
Municipal liens;
HOA or condo estoppels;
Code enforcement liens;
Court-approved costs;
Attorney’s fees, where applicable;
Special magistrate fees, if any;
Other sale-related expenses.
After those items are handled, the remaining net proceeds are divided based on ownership interests and any court-approved credits or offsets.
Attorney’s Fees and Costs in Partition
Florida has a specific statute dealing with costs, taxes, and attorney’s fees in partition actions. Under section 64.081, Florida Statutes, parties may be bound to pay a share of costs, including attorney’s fees, based on equitable principles and the services that benefited the partition.
This is important because partition is different from many lawsuits. In some cases, fees and costs may be paid from the sale proceeds and allocated among the parties.
But this does not mean every fee for every argument is automatically recoverable. The court looks at what services benefited the partition and applies equitable principles.
What Is Heirs Property?
Florida has special rules for certain inherited property under the Uniform Partition of Heirs Property Act. This law applies when property meets the statutory definition of heirs property. The Act creates additional procedures, including valuation and possible buyout rights, designed to protect family-owned inherited property from unfair forced sales.
This can matter when property has passed down through family members, especially where several relatives own fractional interests.
If inherited property is involved, the case may be more complex than a standard partition.
Partition Is Not Always the Best First Move
Just because someone can file partition does not mean it should be the first step.
Before filing, co-owners may consider:
A written buyout agreement;
Listing agreement with a Realtor;
Mediation;
Refinancing;
Lease agreement;
Occupancy agreement;
Property management agreement;
Sale by agreement;
Probate or title cleanup;
Deed correction;
Quiet title action;
Settlement with accounting for credits and reimbursements.
A lawsuit can be useful when people are stuck, but a negotiated agreement may save time, money, and stress.
What Should Co-Owners Gather Before Speaking With an Attorney?
If you are dealing with a partition issue, gather as much as you can:
Deed;
Mortgage statement;
Property tax records;
Homeowners insurance records;
HOA or condo ledger;
Repair receipts;
Improvement receipts;
Photos of property condition;
Lease agreements;
Rent payment records;
Texts or emails between co-owners;
Proof of payments made;
Probate documents, if an owner is deceased;
Title policy or closing documents;
Property appraiser record;
Any written agreement between the owners.
The more documentation you have, the easier it is to evaluate ownership, credits, reimbursements, and strategy.
Example: Two Owners Cannot Agree
Assume two siblings inherit a house. One sibling lives in the property. The other sibling wants to sell. The sibling living there pays some expenses but refuses to list the property. The other sibling receives no rent and cannot use the property.
A partition action may ask the court to:
Confirm both siblings’ ownership interests;
Determine whether the property can be divided;
Order sale if division is not practical;
Appoint a Realtor or approve a sale process;
Determine credits for mortgage, taxes, repairs, insurance, rent, or occupancy;
Pay liens and closing costs;
Divide the remaining sale proceeds fairly.
That is the purpose of partition: to move the property from deadlock to resolution.
The Bottom Line
Partition is the legal tool used when co-owners cannot agree what to do with jointly owned property.
If everyone agrees, the owners can usually sell, rent, refinance, or buy each other out without court. But when agreement breaks down, partition may be the way to force a final resolution.
However, partition is not just about selling the property. The court may also need to address title, ownership percentages, credits, reimbursements, attorney’s fees, Realtor commissions, liens, taxes, closing costs, and whether special heirs property rules apply.
If you are a co-owner and the property is stuck, the first step is to review title, confirm ownership, evaluate credits and expenses, and determine whether partition is the right strategy.
Need Help With a Co-Owned Property Dispute?
At Justin Florida Law, PLLC, we help clients evaluate real estate disputes involving co-owned property, title issues, inherited property, buyouts, sale disputes, and partition actions.
Justin Florida Law, PLLC
Where Real Estate Meets Representation
Website: www.jflalaw.com
Phone: 833-535-2529
This article is for general educational purposes only and is not legal advice. Every property, deed, title issue, and co-owner dispute is different. Speak with a Florida real estate attorney about your specific situation before taking action.
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