Filing a Partition Action in Florida: Forcing Sale or Seeking a Sibling Buy‑Out

Disclaimer: This article is educational only and is not legal advice. Laws change and every situation differs. Consult a licensed Florida attorney before filing court papers or making legal decisions.

Detailed Answer — How a Florida partition action works and what you must do

A partition action is the formal court procedure that lets co‑owners of real property divide the land or force its sale and split the proceeds. In Florida, partition actions are governed by the partition statutes (see Chapter 64 of the Florida Statutes). For statute text and official rules, see: Florida Statutes, Chapter 64 (Partition).

Who can file?

Any person who holds a present ownership interest in real property (for example, a tenant in common) can file a partition complaint in the Circuit Court in the county where the property is located. Typical situations include siblings who inherited a parents’ house as tenants in common and cannot agree about keeping or selling it.

Basic steps in the Florida partition process

Confirm your ownership status. Determine how title is held (tenancy in common, joint tenancy with right of survivorship, tenancy by the entirety, or held in a trust). Tenancy by the entirety or homestead issues can block or change a partition remedy—see the caution about homestead below.
Prepare and file the complaint for partition. The complaint identifies the property (legal description), names all co‑owners and known lienholders, states the share each party claims, and asks the court to divide the property in kind or order a sale and divide the proceeds.
Service and response. The complaint must be served on all co‑owners and lienholders. Defendants may answer, assert claims, or raise objections (for example, asserting homestead, first right of refusal, or equitable defenses).
Court consideration: division in kind or sale. The judge will consider whether the property can be partitioned in kind (physically divided). If division in kind would be impractical or would materially diminish value, the court usually orders a sale.
Appointment of a commissioner or special master. Florida courts commonly appoint a commissioner or special master to examine the property, report on the feasibility of partition in kind, manage appraisals, conduct an auction or sale, and submit a report to the court.
Sale and distribution. If the court orders a sale, the sale is conducted per the court’s order (often by the commissioner). Proceeds pay liens, taxes, and court costs; the net balance is divided among owners according to their ownership shares unless the court orders adjustments for improvements, payments, or agreements among co‑owners.

How to force a sibling buy‑out

The court will not generally force one co‑owner to buy another’s share at a court‑set price before sale. However, you can pursue a buyout in several ways:

Negotiate a private purchase of the sibling’s interest. Use an appraisal to establish fair market value and draft a buy‑sell agreement.
File the partition action but propose division in kind that awards the property to you with an equalization payment to the other owner (this requires court approval and valuation evidence).
Attend the court‑ordered sale. A co‑owner may bid and purchase the entire property at the sale, effectively buying out the others using cash or financing. After the sale, the buyer receives title subject to any liens the court ordered paid out.

Special Florida issues to watch

Homestead protection. Florida’s homestead rules are powerful. If the property is a homestead and one of the co‑owners (or their spouse/minor children) occupies it, forced sale may be limited or complicated. Homestead status can prevent partition or change who may be compelled to sell. Discuss this with counsel early.
Tenancy by the entirety. Property held as tenancy by the entirety (generally spouses) is not subject to partition by one spouse against the other.
Mortgages and liens. A mortgage or lien remains attached to the property. The partition sale typically pays liens from sale proceeds. Co‑owners remain responsible for debt obligations unless the court orders otherwise or the mortgage is paid off at sale.
Probate or estate complications. If your parents’ estate is open in probate, ownership may still be in the estate or subject to probate distribution; coordinate partition activity with the probate case.

Timeline and costs

Timelines vary. Simple partition actions can take several months; contested matters with complex title disputes, appraisals, or appeals can take a year or longer. Expect costs for filing fees, service, appraisals, commissioner fees, court‑ordered sale costs, and attorney fees. Recovering attorney fees is not automatic; a court may award fees only where statute or contract allows or if the court finds a basis under equitable rules.

What a typical partition complaint should include

Full legal description of the property.
Names and addresses of all known co‑owners and lienholders.
A clear statement of the ownership shares you claim.
Facts showing you have a present ownership interest and why partition is necessary.
A request that the court divide the property in kind or, if not practical, order a sale and direct distribution of proceeds.
Request for the appointment of a commissioner or sale procedures as needed.

Helpful Hints

Gather title documents before you act: deed(s), mortgage statements, property tax bills, prior probate documents, and any written agreements among owners.
Check how title is held (tenancy in common, joint tenancy, tenancy by the entirety, trust ownership). The remedy depends heavily on this.
If the property may be homestead, stop and get legal advice. Homestead rules can prevent or change the partition outcome.
Get at least one independent appraisal early. A neutral market value number helps with negotiation and Court decisions.
Try mediation or negotiation first. Courts often favor settlement — a negotiated buyout is usually faster and cheaper than litigation.
Consider tax consequences of a sale or buyout (capital gains, basis adjustments). Talk to a tax advisor before completing a transaction.
Make a budget for litigation costs and sale costs. Even if you win, expenses reduce the amount you receive.
If your parents are alive and capacity issues exist, consider whether a guardianship or power of attorney matter could affect decisions about the property.
File in the Circuit Court in the county where the property is located. If you are unsure about procedure, consult a Florida real property litigator for next steps.

If you want help deciding whether to negotiate a buyout or to start a partition action, a Florida attorney can review the deed, assess homestead or tenancy‑by‑the‑entirety questions, and explain likely costs and timelines.

Relevant statutory resource: Florida Statutes, Chapter 64 — Partition.