Owning property with another person can be a practical solution—whether it’s with a family member, a business partner, or a romantic partner. But shared ownership can quickly become complicated if there’s a disagreement about how the property should be used, maintained, or divided. In Florida, these disputes often arise when one party wants to sell and the other doesn’t, or when both parties disagree on their respective shares of ownership.
Understanding your legal options in a property division dispute can help you make informed decisions and protect your rights. Below, we explain how property co-ownership works in Florida, what legal remedies are available when disputes occur, and when it’s time to involve an attorney.
How Co-Ownership Works in Florida
In Florida, there are three primary ways people can co-own real estate:
- Tenancy in common: Each person owns an individual share of the property. These shares don’t have to be equal, and each owner can sell or transfer their share without the others’ consent.
- Joint tenancy with right of survivorship: Each owner has an equal share. If one owner passes away, their share automatically transfers to the surviving owner(s).
- Tenancy by the entirety: This is only available to married couples. It offers survivorship rights and some protection from creditors.
If the deed does not specify the form of co-ownership, Florida law typically assumes a tenancy in common.
Common Reasons for Disputes
Property division issues can arise for many reasons. Some of the most common include:
- One party wants to sell the property while the other doesn’t.
- There is disagreement over who is responsible for mortgage payments, taxes, or maintenance.
- One co-owner is using the property more than the other without compensation.
- There is a dispute over how much each party has invested in the property.
- One party moved out and stopped contributing financially.
Disagreements can escalate when one party refuses to communicate or cooperate, making it necessary to take legal steps.
The Role of Partition Actions
When co-owners cannot agree on what to do with a jointly owned property, one of the most effective legal options is a partition action. A partition is a legal process that allows a property to be divided among co-owners or sold so the proceeds can be distributed fairly.
There are two types of partition in Florida:
- Partition in kind: The property is physically divided between the owners. This is more common with large parcels of land, such as undeveloped acreage, where each owner can take a portion without devaluing the whole.
- Partition by sale: The property is sold, typically through a court-ordered sale, and the proceeds are divided among the owners based on their ownership shares.
In most residential cases, partition by sale is the more practical and common outcome.
Filing a Partition Lawsuit
If informal negotiations fail, a co-owner can file a partition lawsuit in the county where the property is located. The complaint must identify all owners, the type of ownership, and the relief being sought (usually division or sale of the property). All other owners must be served with notice.
Once the case is filed, the court will examine the ownership structure and the contributions of each party. If the court determines the property cannot be divided fairly, it will typically order a sale. A court-appointed commissioner or special magistrate may oversee the sale and distribution process.
What Happens to Mortgages and Expenses
One of the key questions in any property division dispute is how to handle financial contributions. This includes mortgage payments, property taxes, repairs, and other expenses. Florida courts generally try to ensure that each co-owner is reimbursed fairly.
For example, if one party paid more than their share toward the mortgage or maintenance, they may be entitled to reimbursement from the sale proceeds. Conversely, if one party has received rent or used the property exclusively without paying the other, that may also affect the final distribution.
What If One Owner Refuses to Cooperate
In many disputes, one party tries to delay or block the process—refusing to sell, failing to respond to communication, or ignoring legal notices. Fortunately, Florida law does not allow one co-owner to hold the others hostage. A partition lawsuit can proceed even if one party refuses to participate. If they do not respond, the court can enter a default judgment and move forward with the sale.
Alternatives to Litigation
Litigation is not always the first or best step. In some cases, mediation can help resolve disputes more efficiently and affordably. Mediation allows both parties to discuss their concerns with the help of a neutral third party. If an agreement is reached, it can be formalized in writing and filed with the court if necessary.
Some property owners also choose to create written agreements when they purchase real estate together. These agreements can outline how decisions are made, how expenses are shared, and what happens if one party wants to sell. While not always used, co-ownership agreements can help prevent disputes before they start.
When to Contact a Real Estate Attorney
Disputes over shared property are rarely simple. Emotions often run high, especially when family or long-term relationships are involved. A real estate attorney can help you assess your rights, evaluate your options, and take action when needed.
If you’re dealing with a co-owner who refuses to cooperate, or you’re unsure about your share of a property, consulting an attorney early on can prevent more serious problems down the line. Your attorney can assist with negotiations, draft legal notices, and file a partition lawsuit if necessary.
Conclusion
Disagreements between property co-owners are more common than most people think. Whether the conflict involves selling the property, managing expenses, or ending the co-ownership entirely, Florida law provides several options for resolving the issue. Understanding your legal rights—and acting quickly—can help you avoid prolonged conflict and protect your financial interests.
If you’re facing a property dispute in Florida, don’t wait until it escalates. Speak with a knowledgeable real estate lawyer to explore the best path forward.