Owning property with others can be a great way to share the burden of costs and enjoy a shared space. However, disagreements can arise, and sometimes, the best course of action is to go your separate ways. In Florida, when co-owners cannot agree on how to utilize or dispose of jointly owned property, a legal process known as a partition action can be initiated.

This blog post will delve into the intricacies of partition actions in Florida, addressing key questions and providing valuable information for anyone considering this legal route.

What is a Partition Action?

A partition action is a lawsuit filed in Florida courts by one or more co-owners of real property to force a legal division of the property or its sale. This legal process is governed by Chapter 64 of the Florida Statutes.

There are two main outcomes in a partition action:

Partition in Kind: The court divides the property physically into separate parcels, considering the value and size of the property and the interests of each co-owner. This option is only viable if the property can be divided fairly and without significantly diminishing its value.
Partition by Sale: If a physical division is impractical, the court orders a sale of the property. The proceeds from the sale are then distributed to each co-owner according to their ownership interest.

Who Can File a Partition Action in Florida?

Any one or more joint tenants, tenants in common, or coparceners of real estate in Florida can initiate a partition action against their co-owners.

Here’s a breakdown of the ownership types:

Joint Tenants: Co-owners have equal rights to the entire property and the right of survivorship, meaning the surviving owner inherits the deceased owner’s interest.
Tenants in Common: Co-owners have an undivided interest in the property, but their ownership percentages may differ. There’s no right of survivorship, and the deceased owner’s interest becomes part of their estate.
Coparceners: Co-owners inherit the property through intestacy (without a will). Their ownership percentages are based on the laws of inheritance.

Grounds for Partition Action

There’s no specific reason required to petition for a partition action. However, some common scenarios that may lead to such a lawsuit include:

Disagreements over property usage or maintenance: When co-owners have differing opinions on how to utilize or maintain the property, a partition action may be a solution.
Desire to sell the property: If one or more co-owners wish to sell the property, but others object, a partition action can force a sale.
Financial strain: When a co-owner can no longer afford their share of property taxes or maintenance costs, they may initiate a partition action to sell the property and recoup their investment.
Inheritance disagreements: If heirs inherit property jointly and cannot agree on its management or disposition, a partition action can be used to settle the dispute.
Partition Action Process in Florida
Initiating the Lawsuit: The partition action begins with filing a complaint in the circuit court of the county where the property is located.
Serving Notice: The co-owners named as defendants will be served with a summons and complaint notifying them of the lawsuit.
Discovery Phase: Both parties gather evidence and exchange information related to the property and their respective ownership interests.
Mediation (Optional): The court may encourage or order mediation to attempt an amicable resolution before proceeding with the case.
Trial and Decision: If mediation fails, a trial ensues where both sides present their arguments. The court then issues a ruling, determining whether to partition the property physically or order a sale.
Partition by Sale: If a sale is ordered, the court appoints a commissioner or realtor to oversee the sale and distribution of proceeds.
Appeal (Optional): Dissatisfied parties can appeal the court’s decision to a higher court.

Who Pays for Partition Action?

The costs associated with a partition action in Florida can be significant. These costs typically involve:

Filing fees: Court fees associated with filing the lawsuit.
Attorney fees: Each party is responsible for their own legal representation.
Costs of sale (if applicable): If the court orders a sale, costs may include realtor fees, advertising, and other sale-related expenses.
Title search and survey: Determining ownership rights and property boundaries may require these services.
Referee fees: In complex cases, the court may appoint a referee to assist with valuation or other tasks, and their fees must be paid by the parties.

Partition actions in Florida can be a complex legal process, but understanding the key factors involved can help individuals navigate this process effectively. By being aware of the grounds for partition, the potential outcomes, and the costs associated with the process, co-owners can make informed decisions about their options.

It’s important to consult with an experienced attorney specializing in real estate law to discuss your specific circumstances and determine the best course of action. A legal professional can guide you through the partition process, protect your rights, and help you achieve a favorable outcome.