Real estate disputes among co-owners can quickly become complicated, especially when one party wants to sell the property and the others don’t. When negotiations break down, a partition lawsuit is often the legal route used to resolve the matter. In Florida, these cases are fairly common in situations involving inherited property, investment partnerships, or even former romantic partners. If you’re facing a conflict over jointly owned property, understanding how partition actions work in Florida is essential.
What Is a Partition Action?
A partition action is a legal process used to force the sale or division of real estate when co-owners can’t agree on what to do with the property. In Florida, any co-owner of a property can file a partition lawsuit, even if they own just a small percentage of it.
There are generally two types of partition actions in Florida:
- Partition by sale – The court orders the property to be sold, and the proceeds are divided among the owners based on their ownership share.
- Partition in kind – The court physically divides the property among the owners. This is rare, especially when the property is a single-family home or not easily split into separate parcels.
In most cases, courts prefer a partition by sale because it’s more practical and fair, particularly when the property cannot be evenly divided.
Common Scenarios Leading to Partition Lawsuits
Partition actions arise in a variety of real estate situations. These are some of the most common:
- Heirs of inherited property – Siblings or other relatives inherit a home together but can’t agree on whether to sell or keep it.
- Former romantic partners – Unmarried couples who purchased property together may decide to part ways but disagree on what to do with the home.
- Investment gone wrong – Business partners who bought real estate as an investment may find their goals no longer align.
- Family property disagreements – Property held within a family for generations may lead to conflict when some members want to sell and others want to retain ownership.
In all of these cases, when one owner wants out, a partition lawsuit becomes a way to force a resolution.
Legal Requirements in Florida
To file a partition action in Florida, the person must demonstrate joint ownership of the property. This usually means having your name on the deed as a co-owner. The lawsuit is filed in the circuit court where the property is located.
The plaintiff must also name all co-owners in the lawsuit. In some cases, other parties such as lienholders or mortgage companies may need to be involved, especially if there are existing financial obligations tied to the property.
Florida law generally favors partition unless the co-owners have a legally binding agreement that says otherwise. For example, if a partnership agreement includes terms about how and when the property can be sold, that agreement will often control what happens.
What Happens After Filing
Once a partition lawsuit is filed, the court will evaluate the ownership interests and any existing debts or liens on the property. If there are no legal barriers, the court typically orders the property to be sold.
In many cases, the court appoints a third party known as a commissioner or special magistrate to oversee the sale. The proceeds from the sale are then distributed based on each party’s ownership percentage, with adjustments made for certain expenses.
For example, if one party has paid for the mortgage, taxes, or repairs while the others have not contributed, the court may adjust the payout to compensate that party. This process is called an “equitable accounting.”
Can You Avoid a Partition Lawsuit?
Yes, and in most cases, avoiding court is the better option. Partition lawsuits can be time-consuming and expensive. They may also lead to strained relationships among family members or former partners.
Here are a few ways to avoid a partition lawsuit:
- Create a written agreement – When purchasing property with others, include a written agreement that outlines what happens if someone wants to sell.
- Buy out the other party – If one owner wants to keep the property, they can offer to purchase the other party’s share.
- Mediation – Involving a neutral third-party mediator can help resolve disputes without going to court.
Even after a lawsuit is filed, the parties can still negotiate a settlement. Many cases are resolved this way before ever going to trial.
Special Considerations for Inherited Property
One of the most common partition scenarios in Florida involves siblings who inherit a home together. While some may want to keep it for sentimental reasons, others may prefer to sell it and split the proceeds.
It’s important to know that even if only one sibling wants to sell, they can usually force a sale through a partition action. These cases can be especially emotional, but the law generally sides with the party seeking a sale if no agreement is in place.
Costs Involved in a Partition Lawsuit
Filing a partition action involves court fees, attorney’s fees, and potentially costs related to appraisals or property sales. These costs can add up quickly.
The court has the power to allocate these expenses among the parties. Sometimes, the party that initiated the lawsuit may be entitled to reimbursement from the sale proceeds, especially if they’ve shouldered the majority of the property expenses or legal costs.
Conclusion
Owning property with others can work well—until it doesn’t. When disagreements arise and no agreement exists, partition lawsuits are often the legal path to resolution.
If you are a co-owner of a Florida property and find yourself in a dispute, it’s best to consult a real estate attorney who understands partition actions. They can help you evaluate your options, negotiate with the other parties, or guide you through the court process if necessary.
Partition actions may seem extreme, but they offer a clear legal solution when all else fails. With the right approach, you can protect your interests and reach a fair outcome.