Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
What Is a Partition Action?
A partition action is a lawsuit under Florida law that allows one or more co-owners to divide or sell property when co-owners cannot agree on its use or disposition. Chapter 64 of the Florida Statutes governs partition of real property (F.S. Ch. 64).
Who Can File a Partition Lawsuit?
Any person with an undivided interest—such as joint tenants, tenants in common, or heirs of an estate—may file a partition action. Heirs who inherit property together can force a division if they disagree on retaining or selling the inherited asset.
How to File a Partition Action
- Prepare and file your complaint: Identify all co-owners and describe the property. Cite F.S. § 64.01.
- Serve all co-owners: Follow Florida Rules of Civil Procedure for service.
- State your request: Ask the court for partition in kind or a sale. If no co-owner requests a physical division, the court may sell the property.
- Commissioner appointment: The court may appoint a commissioner to divide or manage the sale (F.S. § 64.011).
- Final judgment: The court issues an order dividing the property or directing a sale and distributing proceeds among co-owners.
Partition in Kind vs. Partition by Sale
Under F.S. § 64.031, the court prefers physical division (partition in kind) if it does not impair fairness or value. If division is impractical, the court orders a sale and divides net proceeds based on ownership shares.
Timeline and Costs
Partition actions can last from several months to over a year. Costs include filing fees, court-appointed commissioner’s fees, and potential expert appraisal fees. Parties may agree to private settlement at any stage to reduce time and costs.
Helpful Hints
- Review property deeds and title documents to confirm ownership percentages.
- Consider mediation before filing to avoid litigation.
- Order an independent appraisal early to document property value.
- Budget for commissioner and appraisal fees when requesting sale proceeds.
- Keep communication records with co-owners to support your case.