Partition Action

In Florida, a partition action is a legal proceeding used to divide real property jointly owned by two or more parties when they cannot agree on its use, sale, or division. Governed by Chapter 64, Florida Statutes, the law provides any co-owner (or “cotenant”) the right to seek partition unless they have expressly waived that right in a binding agreement.

These are the steps in the process of partition

1. Filing the Complaint: A co-owner initiates the process by filing a complaint for partition in the circuit court where the property is located. The complaint must identify the parties, describe the property, and request either physical division (“partition in kind”) or sale (“partition by sale”) if division is impractical.
2. Service and Response: All interested parties must be properly served with the complaint. Defendants then have an opportunity to respond and assert any defenses or claims, such as contributions for maintenance, taxes, or improvements.
3. Determination of Interests: The court will determine each party’s ownership interest. If the property can be divided without prejudice to the parties’ rights and the property’s value, the court may order a physical partition.
4. Partition by Sale: If physical division would harm the property’s value or is otherwise impracticable, the court will order a judicial sale, typically conducted by a court-appointed commissioner or the clerk of court. The sale proceeds are then divided among the parties according to their ownership interests, subject to any adjustments for costs, expenses, or equitable considerations.
5. Accounting: In most cases, the court will conduct an accounting to resolve claims for expenses, rents, profits, taxes, and improvements made by one or more of the parties.

If you own a property and don’t agree with your co-owner on how to dispose of the property, a partition action may be your best option. The Arcia Law Office has assisted dozens of clients with partition of their real property.