Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Florida, a partition action resolves disputes when two or more co-owners (tenants in common or joint tenants) cannot agree on the use or sale of a property. The procedure is governed by Florida Statutes Chapter 64.
1. Who can file?
Any co-owner of real property may file a petition for partition under Fla. Stat. § 64.01. The petitioner must show ownership and an inability to agree with the other co-owners.
2. Types of partition
Florida law permits two forms of partition:
- Partition in kind: The court divides the property into physical shares so each owner receives a portion. This method applies when a fair division is practical.
- Partition by sale: If physical division is impractical or would diminish value, the court orders a sale and divides the proceeds among owners. See Fla. Stat. § 64.051.
3. The court process
- Filing the petition: The petitioner files a complaint in the circuit court of the county where the property is located, identifying all co-owners.
- Service of process: All co-owners receive notice and may respond.
- Pretrial action: The court may refer the parties to mediation or require appraisals to determine fair market value.
- Appointment of commissioners: Under Fla. Stat. § 64.07, the court appoints commissioners to oversee division or sale.
- Distribution: The court issues a final judgment confirming the division or sale and orders distribution of proceeds based on each owner’s fractional interest.
4. Possible outcomes
Partition actions often end in one of three ways:
- The property is physically divided.
- The property is sold at public auction or private sale.
- The owners reach a settlement and dismiss the action.
Helpful Hints
- Review your deed to confirm ownership shares before filing.
- Consider mediation to reduce costs and preserve relationships.
- Decide early if you prefer an in-kind division or a sale.
- Obtain a professional appraisal to establish value.
- Understand court costs and possible commissioner fees.