The Short Answer

In Florida, a partition case is primarily a way to divide or sell co-owned real estate—not a straightforward way to get a court order forcing a co-owner to move out immediately. A court can determine each party’s ownership rights and enter a partition judgment, but removing a co-owner from possession usually depends on additional legal issues (such as whether someone has a superior right to possession or whether there is a separate basis for exclusive possession).

What Florida Law Says

Florida partition law focuses on the court determining the parties’ respective ownership interests and ordering a partition if the parties are entitled to it. In other words, partition is typically the legal mechanism to end a co-ownership stalemate by dividing the property (when feasible) or selling it and distributing proceeds—rather than functioning like an eviction.

The Statute

The primary law governing this issue is Fla. Stat. § 64.051.

This statute establishes that the court must adjudge the parties’ rights and interests and order partition if it appears the parties are entitled to it.

In probate-related co-ownership situations (for example, inherited property), Florida law also allows partition to be handled in connection with an estate administration in certain circumstances, and the court may order a sale if partition would prejudice the owners. See generally Fla. Stat. ch. 733 (probate administration framework).

Related reading: forcing the sale of a co-owned house with a sibling in Florida and what happens when one co-owner wants to sell without the other’s consent.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Partition cases can move quickly once filed, and related claims (like reimbursement/credits for taxes, insurance, repairs, or mortgage payments) may need to be raised at the right time or risk being lost.
• Burden of Proof: If you are seeking something beyond a sale/division—such as exclusive use, reimbursement, or an argument that the other party should not remain in possession—your evidence (payments, agreements, communications, and property condition) matters.
• Exceptions: Some situations require a different legal remedy than partition (for example, when someone claims a superior right to possession). Florida has separate procedures for possession-based claims like ejectment under Fla. Stat. § 66.021, which is not the same thing as a partition judgment.

Trying to handle this alone can lead to procedural errors, delays, or an outcome that doesn’t actually solve the living/possession problem—especially when the property is inherited, there are multiple heirs, or one co-owner is occupying the home.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.