Detailed Answer
When two or more people inherit real estate together and cannot agree on its use or disposition, Florida law provides a judicial remedy called a partition action. Under Chapter 64 of the Florida Statutes, any co-owner may file a petition for partition to force either a physical division of the land (partition in kind) or, if division is impractical, a public sale with proceeds divided among co-owners.
Partition Types
- Partition in Kind: The court orders a physical division of the property into separate parcels. Each owner receives a portion roughly equal in value to their ownership interest. See Fla. Stat. § 64.031(1) (leg.state.fl.us/statutes/0064.031).
- Partition by Sale: If the property cannot be fairly divided—due to size, location, or improvements—the court orders a public sale. Net proceeds, after costs and liens, are distributed according to each owner’s share. See Fla. Stat. § 64.041 (leg.state.fl.us/statutes/0064.041).
How the Partition Process Works
- Filing the Petition: A co-owner files a verified petition in the circuit court of the county where the property lies, naming all record owners and interested parties (Fla. Stat. § 64.021).
- Service of Process: Co-owners receive notice and have an opportunity to respond, raising objections or proposing a settlement.
- Court Hearing: The judge evaluates evidence on the property’s value, improvements, and feasibility of physical division.
- Equitable Considerations: The court may adjust shares to account for unequal contributions to purchase, taxes paid, or improvements made (Fla. Stat. § 64.011).
- Order and Distribution: If partition in kind is ordered, the court appoints commissioners to divide the land. If a sale is ordered, the property is advertised, sold at public auction, and net proceeds are distributed.
Time and Costs
A partition action can take several months to over a year, depending on complexity, objections, and local court schedules. Costs include filing fees, commissioner fees, appraisals, and legal fees. These expenses are typically deducted from sale proceeds or apportioned among co-owners.
Helpful Hints
- Gather all deeds, wills, and mortgage documents before filing.
- Obtain a current property appraisal to establish market value.
- Consider mediation or settlement discussions to avoid court costs.
- Keep detailed records of any expenses you’ve paid (taxes, repairs), as the court may adjust distributions.
- Consult a Florida-licensed attorney to ensure procedural requirements are met.