How a Property Is Sold in a Partition Action under Florida Law

Quick answer: In Florida a co‑owner who cannot agree with other co‑owners can ask the court to partition real property. If the court finds a physical division (partition in kind) is impracticable or unfair, it will order a sale. The court supervises the sale process, usually appoints a commissioner or special master to sell the property, confirms the sale, pays liens and costs, and then distributes the net proceeds to the owners according to their interests. The detailed steps below explain what to expect and how to prepare.

Detailed answer — step by step

1. Who can bring a partition action and where to start

Any person who holds a legal or equitable interest in Florida real property (for example, tenants in common) can file a civil action seeking partition. The action begins by filing a complaint for partition in the county where the land is located. The plaintiff must show title or an interest in the property and name all persons with an interest so the court can decide rights and order a proper remedy. See Florida partition statutes: Chapter 64. For text and procedures, see the Florida statutes on partition: Fla. Stat. Ch. 64 and the introductory section Fla. Stat. §64.01.

2. Partition in kind vs. partition by sale

The court considers whether the land can be divided physically (partition in kind). If a fair physical division is practical and will not substantially reduce value or be inequitable, the court may order a partition in kind. If a physical division is impracticable, dangerous or would substantially impair value, the court will order a sale of the whole property and split the proceeds. The court decides the appropriate remedy based on the property, the owners’ interests, and fairness.

3. Pre‑sale steps: pleadings, title issues, and lien resolution

After the complaint is filed, the court sets deadlines for responses and may require an accounting of interests, claims, mortgages, liens, and other encumbrances. Co‑owners should produce deeds, mortgage documents, surveys and any agreements (buy‑sell agreements, co‑owner agreements). The court will direct how liens and priority claims will be handled. Mortgages and liens generally must be satisfied from sale proceeds in priority order before owners receive distributions.

4. Appointment of a commissioner or similar officer

Florida courts commonly appoint a commissioner, special master, or other officer to handle the mechanics of the partition sale. The court’s order will define the commissioner’s duties: obtain appraisals, advertise and hold the sale (public auction or court‑approved private sale), accept bids, and report back to the court with an accounting. The commissioner must follow the court order and applicable local rules.

5. How the sale is run

Sale procedures vary by county and judge, but commonly include:

• Ordering an appraisal or market valuation to establish a baseline price.
• Requiring notice to all parties and often public notice (publication) of the sale date, time and location.
• Conducting a public auction or allowing sealed bids or a court‑approved private sale; the commissioner usually accepts the highest bid subject to court confirmation.
• Collecting a deposit from the buyer and recording the sale results with the court.

6. Confirmation hearing and conveyance

After the sale the commissioner files a report and an accounting with the court. The court reviews the sale for fairness and compliance with its order. If the court confirms the sale, the commissioner (or clerk) arranges for conveyance—typically a commissioner’s deed or a final judgment of sale is recorded so title passes to the purchaser. If the court refuses confirmation, the court may order a resale.

7. Payment of liens, costs, and distribution of proceeds

The sale proceeds are used to pay:

1. Costs of the sale and the commissioner’s fees (as approved by the court),
2. Court costs and attorney fees if ordered,
3. Satisfied mortgages and prioritized liens, and
4. The net balance to the co‑owners in proportion to their legal interests.

8. Timing, costs and practical effects

Partition actions often take several months and sometimes over a year, depending on complexity, lien resolution, and court scheduling. Costs include court filing fees, attorneys’ fees, commission and administrative costs, appraisal fees, and possible realtor fees. A partition sale can produce less than a voluntary market sale because of timing, court supervision, and auction dynamics. Co‑owners sometimes resolve disputes by negotiating a buy‑out to avoid those costs.

9. Common legal issues that affect a partition sale

• Tenancy by the entireties: Property held by a married couple as tenancy by the entireties generally cannot be partitioned between spouses—one spouse cannot force a sale against the other. (If you believe the property is held as tenancy by the entireties, raise that in the pleadings.)
• Homestead: Florida homestead rules can restrict partition of a primary residence and raise additional protections; homestead law is unique and may affect whether or how a residence is partitioned.
• Creditors’ claims: Creditors with valid liens on the property usually must be paid from sale proceeds in priority order.

Illustrative hypothetical

Two siblings own residential land in Miami as tenants in common. One sibling wants to sell and the other refuses. The seller files a partition action in county court. The court determines the lot cannot be fairly divided, appoints a commissioner, orders an appraisal, and directs a public sale. The commissioner advertises the sale, conducts an auction, and files a report showing the sale price, lien payoff amounts, and commissions. The court confirms the sale, the mortgage and liens are paid from proceeds, and the remaining funds are distributed to each sibling according to their ownership share.

Where to look in Florida law

Primary statutory authority for partition actions is found in Chapter 64 of the Florida Statutes. For the statutory framework and specific language, see: Fla. Stat. Ch. 64 (Partition of Real Estate). For general constitutional protections affecting a family home, see provisions addressing homestead in the Florida Constitution (Article X).

When you should consider hiring an attorney

• If title or ownership shares are disputed.
• If mortgages, tax liens, or other encumbrances exist.
• If one owner claims homestead or tenancy by the entireties.
• If the net proceeds might be large and you want to protect your financial interest.
• If you want to negotiate a buy‑out or settlement instead of a court sale.

Helpful Hints

• Collect and organize deeds, mortgage statements, surveys, tax bills, and any written agreements before filing or responding to a complaint.
• Consider mediation or a negotiated buy‑out early; settlements often save time and money compared to a court sale.
• Ask the court for an appraisal or obtain one to understand likely sale value before litigation proceeds far.
• Expect court approval for fees and commissions—get estimates so you can evaluate net proceeds.
• Check whether the property is homestead or held as tenancy by the entireties; those facts can block or alter partition remedies.
• Keep communication records with co‑owners: emails or written offers can help resolve disputes or support settlement efforts.

Disclaimer: This article explains how partition sales generally work under Florida law and is for informational purposes only. It is not legal advice. Laws change and each case depends on its facts. For advice about a specific situation, consult a licensed Florida attorney.