Detailed Answer
Under Florida law, a co-owner can force a sale of jointly held real property by filing a partition action in the circuit court of the county where the property lies. Florida’s partition process is governed by Chapter 64 of the Florida Statutes. You begin by filing a complaint for partition under Fla. Stat. § 64.011 (Partition of Property).
Once the suit is filed, the court issues a summons to all co-owners. Each co-owner may respond and assert any claim to the property. The court then considers whether a partition in kind (physical division) is practical. If dividing the land or structure fairly would damage its value or is otherwise impracticable, the court orders a partition by sale.
At a partition hearing, the judge reviews appraisals, surveys, and any evidence showing whether physical division is feasible. If the court orders a sale, it typically appoints a commissioner to sell the property at public auction under court supervision. After costs, the net proceeds go to co-owners in proportion to their ownership interest.
Key statutory steps:
- File complaint for partition (Fla. Stat. § 64.011).
- Serve summons on all co-owners.
- Attend partition hearing to determine type of partition.
- If sale is ordered, commissioner conducts public auction.
- Distribute proceeds according to ownership shares.
For full statutory language and procedural rules, see Florida Statutes Chapter 64.
Helpful Hints
- Review all co-ownership agreements before filing. A written agreement may alter default rules.
- Obtain a recent professional appraisal to support whether physical division is impractical.
- Consider mediation early. Co-owners sometimes negotiate a buyout instead of court sale.
- Prepare for costs: filing fees, commissioner fees, appraisal and survey expenses.
- Gather clear title documents. Disputes over ownership percentage can delay the process.
Disclaimer: This article provides general information on Florida partition law and is not legal advice. Consult a qualified attorney for guidance tailored to your situation.