When multiple people co-own a piece of real estate in Florida and can’t agree on what to do with the property, the law provides a solution known as a partition action. Partition allows a co-owner to ask the court to divide or sell the property so that each person receives their fair share. These cases often come up between siblings who inherit property together, former partners who bought real estate jointly, or investors who no longer see eye to eye. As a real estate attorney based in Seminole and working with clients throughout Tampa Bay and St. Petersburg, I help clients understand their rights under Florida Statutes Chapter 64, which governs partition lawsuits.
There are two types of partition recognized under Florida law: partition in kind and partition by sale. The court will consider both options, but the outcome depends on the nature of the property and whether it can be fairly divided without harming its value. Understanding the difference between these two forms of partition is essential if you’re involved in a co-ownership dispute and need the court’s help to resolve it.
What Is Partition In Kind?
Partition in kind means physically dividing the property so that each co-owner receives a portion of the real estate. For example, if two people own a vacant parcel of land, the court may divide the lot into two sections of equal value. This form of partition is generally preferred under Florida law when the property can be fairly and equitably divided.
Florida courts have long held that partition in kind is the preferred method. It allows each co-owner to maintain individual ownership of a portion of the original property without forcing a sale. This method is often possible with large vacant lots or agricultural land but becomes more difficult with homes, commercial buildings, or properties with structures that cannot be easily divided.
Under Florida Statutes § 64.061, the court must appoint commissioners to assess the property and determine whether partition in kind is feasible. If it is, they will recommend how to divide the property fairly among the owners. The court can then issue a final judgment awarding specific parcels to each party.
What Is Partition By Sale?
When property cannot be fairly divided — such as a single-family home, a small commercial building, or a condominium — the court may order a partition by sale. In this type of partition, the property is sold, and the proceeds are divided among the owners based on their ownership interests. This is often the only practical solution when the property cannot be split without losing significant value.
Partition by sale is allowed under Florida Statutes § 64.071, which permits the court to order a public sale of the property when partition in kind is not practical or would be unfair to one or more parties. Once the property is sold, the proceeds are typically distributed after payment of court costs, attorney’s fees, and any liens on the property.
Partition by sale is common in disputes involving inherited homes or properties jointly owned by unmarried couples. If one person wants to keep the property but the other insists on selling, the court will ultimately decide whether the property must be sold and how the proceeds will be divided.
When Do Florida Courts Choose One Over The Other?
Florida courts prefer partition in kind whenever possible, but they will order a partition by sale if the physical division is impractical or would result in a substantial loss of value. The burden is on the party requesting a sale to prove that the property cannot be fairly divided. The court looks at the property’s characteristics, its intended use, and whether partition in kind would be equitable.
If you’re involved in a dispute over shared property, the court’s decision will depend on the specific facts of your case. Factors such as the number of co-owners, the nature of the property, and whether any improvements are involved all play a role in the court’s analysis. In many cases, even when partition in kind is legally possible, the economic reality points toward a sale as the fairest outcome.
Frequently Asked Questions About Florida Partition Law
Can I Force My Co-Owner To Sell A Property In Florida?
Yes. Under Florida Statutes Chapter 64, any co-owner of real property can file a partition action to force the sale of jointly owned property if there is no agreement on what to do with it. The court will determine whether the property should be physically divided or sold and how the proceeds should be distributed.
Is The Court Required To Order A Partition By Sale?
No. The court is required to consider partition in kind first. Only if it determines that physical division is not feasible or would be unfair will it order a partition by sale. The person requesting a sale must show why partition in kind would harm the value or make the division inequitable.
Can One Co-Owner Buy Out The Other In A Partition Action?
Yes. A co-owner can propose a buyout during a partition case. If all parties agree, this can avoid a public sale and give one party full ownership of the property. Courts often encourage this type of resolution to save time and reduce litigation costs.
How Are The Proceeds Divided After A Partition By Sale?
The court will divide the proceeds based on the ownership interests of each party, as shown in the deed or other title documents. Before distribution, costs such as taxes, liens, court fees, and attorney’s fees will be deducted from the total sale price.
Can Property Held In An LLC Be Partitioned?
Generally, no. Florida partition law applies to real property held in co-ownership by individuals, not to business entities. If the property is owned by an LLC, the dispute must be handled according to the operating agreement or through a dissolution or buyout under Florida’s LLC laws.
Can I Stop A Partition Action If I Don’t Want To Sell?
It’s difficult to stop a partition lawsuit unless you can prove there is a written agreement preventing partition or the other co-owner waives their right to partition. Courts generally allow partition unless there is a valid legal reason to deny it.
Call Corey Szalai Law, PLLC, For Help With Florida Partition Disputes
If you’re in a dispute with a co-owner and want to understand your rights under Florida partition law, I can help. As an experienced Florida partition of real property attorney, I represent clients across Seminole, Tampa Bay, and St. Petersburg in partition cases involving inherited property, real estate investments, and more.
Call my office today at 727-300-1029 to schedule a consultation. My law firm, Corey Szalai Law, PLLC, is located in Seminole, Florida, and serves clients throughout Tampa Bay and St. Petersburg. Let’s work together to protect your property rights and find the right legal solution.