The Short Answer

Sometimes—but it depends heavily on how the property is titled and whether a divorce case is already pending. In Florida, partition is generally a remedy for co-owners, but marital property division is typically handled through the divorce court’s equitable distribution process.

What Florida Law Says

Florida recognizes partition as a court remedy for certain co-ownership disputes, but spouses often hold real estate as tenants by the entireties during marriage, which can change what remedies are available until a divorce court addresses the property. If a dissolution case is filed, the family court has broad authority to identify marital vs. nonmarital property and distribute it fairly (not always 50/50) as part of equitable distribution.

The Statute

The primary law governing how property is divided in a Florida divorce is Fla. Stat. § 61.075.

This statute establishes that, in a dissolution of marriage proceeding, the court must set apart each spouse’s nonmarital assets and then equitably distribute marital assets and liabilities—starting from the premise of an equal distribution unless an unequal distribution is justified by statutory factors.

Related reading: If you want more background on partition cases generally, see what happens in a Florida partition action when one co-owner wants to sell and whether a co-owner can be forced to move out during a partition case.

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 Timing Issues: Under Fla. Stat. § 61.075, the “cut-off date” for classifying assets as marital can be tied to a valid separation agreement or the filing date of the divorce petition—timing that can materially affect what you can claim.
• Burden of Proof and Valuation Disputes: Even when both spouses agree the property exists, disputes often center on whether it is marital or nonmarital, how much equity is marital, and what credits (mortgage payments, improvements, taxes, insurance) should be recognized.
• Exceptions and Title Issues: The way the deed is titled (for example, whether it is held as tenants by the entireties versus another form of co-ownership) can affect whether a partition case is even available before the divorce court rules—and filing the “wrong” case can waste time and money or create strategic disadvantages.

Trying to handle this alone can lead to avoidable litigation, inconsistent court rulings, or a result that undermines your position in the divorce.

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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.