Partition Lawsuits Between Co-Owners in Florida
1. Definition
A partition lawsuit is a legal action brought by one or more co-owners of real estate who wish to divide or sell the jointly owned property. When parties can’t agree on whether to keep, sell, or divide a property, Florida law allows a court to intervene and order a sale or partition in kind.
2. Florida Legal Context
Partition lawsuits are governed by Fla. Stat. Chapter 64. Any person holding a legal or equitable title to real estate in Florida as a joint tenant, tenant in common, or co-owner has a right to file for partition.
Florida courts may:
- Order a partition in kind (physical division), where feasible
- Order a partition by sale, when division is impractical
- Allocate net proceeds based on ownership shares
- Adjust shares based on unequal contributions to mortgage, taxes, maintenance, or improvements
Partition may be contested, but courts generally grant it unless there’s a valid waiver in a deed, agreement, or operating agreement.
3. Real-World Application
Partition actions commonly involve:
- Siblings inheriting property where one wants to sell and the other refuses
- Unmarried couples breaking up after buying property together
- Friends or business partners who invested in property but no longer get along
- Disputes over vacation homes or family land where occupancy is unequal
Cases may involve current occupancy, accounting for rent or expenses, or valuation disputes before sale.
4. Why It Matters for Clients
Co-ownership may start out amicable, but can become dysfunctional quickly. If one party refuses to cooperate or contribute:
- The other co-owners may be stuck paying all expenses
- Sale of the property may be blocked indefinitely
- Opportunities to refinance, rent, or invest may be lost
Partition provides a legal “exit” when other options fail.
5. How Our Law Firm Can Help
We represent clients in:
- Filing or defending partition lawsuits
- Valuation, accounting, and reimbursement disputes
- Managing forced sale through judicial supervision
- Filing lis pendens to preserve ownership rights
- Negotiating buyouts or settlement prior to trial
We handle both residential and investment properties—statewide.
6. FAQs (Frequently Asked Questions)
Q: Can I force my co-owner to sell the property?
A: Yes. Florida law gives co-owners the right to force a sale if they no longer wish to jointly own the property.
Q: What happens if I paid more toward the mortgage or improvements?
A: You may be entitled to credits or reimbursements when proceeds are divided.
Q: Can the court divide the land instead of selling it?
A: Only if it’s possible to divide the land fairly. This is rare in residential cases.
Q: What if my co-owner lives on the property rent-free?
A: You may be entitled to a share of rental value or offset at closing.
Q: Is it possible to avoid a partition lawsuit?
A: Yes. Voluntary buyouts, mediation, or agreements to sell the property jointly are often preferable to litigation.