Ever thought your share of a property was untouchable? In Florida, co-owners can force a sale or division of real estate through a partition action—even if you object. Partition actions are governed by Florida Statutes § 64.021 and § 64.061, which empower any co-owner to file a lawsuit demanding the property be split or sold, with proceeds divided among the owners.
The court will first determine if the property can be physically divided. If not, it orders a sale, often through a judicial process. Many owners make the mistake of ignoring partition complaints, believing their interest shields them from litigation. In reality, failing to respond can mean losing your voice in the outcome and missing critical deadlines. Partition actions frequently arise in inherited homes, investment properties, and family residences where co-owners disagree on use or sale.
Litigation strategy is key. You must respond promptly to a partition complaint, gather evidence of your ownership and contributions, and understand the court’s process. Florida courts move quickly—missing deadlines can result in default judgments or unfavorable sales. If you’re facing a partition action, our firm can help you navigate the legal landscape, protect your interests, and avoid costly mistakes.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
