The Short Answer

In Florida, changing the outcome of a prior partition case usually means you must attack the partition judgment itself (or a related final order), not simply ask the court to “redo” the division later. Whether relief is possible depends heavily on what kind of partition order was entered, whether it is final, and whether you can show a recognized legal basis to disturb it.

What Florida Law Says

Florida partition cases are governed by Chapter 64, Florida Statutes. In general, the court’s role is to determine each party’s ownership rights and interests and then enter a judgment directing that partition occur (either by dividing the property or through a court-ordered sale, depending on the circumstances). Once a partition judgment becomes final, undoing or changing it is typically only possible through limited post-judgment remedies and strict time constraints.

If the partition arose in a probate context (for example, multiple beneficiaries inheriting undivided interests), Florida probate law also allows a partition petition before the estate is closed, using the same manner provided by law for civil partition actions.

The Statute

The primary law governing partition judgments is Fla. Stat. § 64.051.

This statute requires the court to adjudge the parties’ rights and interests and enter a judgment that partition be made if the parties are entitled to it.

For inherited property being distributed through an open estate, see Fla. Stat. § 733.814, which allows the personal representative or any beneficiary to petition to partition property for purposes of distribution before the estate is closed.

Why You Should Speak with an Attorney

Even though Chapter 64 sets the framework for partition, trying to set aside or modify a prior partition result is rarely straightforward. The viability of your challenge often turns on details that are easy to miss but can be case-dispositive, including:

• Strict Deadlines: Post-judgment relief and appeals are time-sensitive. If the order is already final and the property has been sold or transferred, options can narrow quickly.
• Burden of Proof: Courts generally require strong proof to disturb a final judgment—especially if third parties relied on it (for example, a buyer at a partition sale).
• Exceptions and Case Posture: The analysis changes depending on whether the partition was in probate (§ 733.814) or a civil action, whether the judgment reserved issues for later adjustment (which § 64.051 expressly contemplates), and whether the relief you want is truly a “modification” versus a new claim.

Because partition orders affect title and sale proceeds, mistakes can be expensive and hard to unwind. A Florida attorney can evaluate the prior court file, confirm whether the order is final, identify any viable grounds to challenge it, and protect your interests if the property has already been sold or distributed.

If you want more background on partition generally, you may find these helpful: What Are the Requirements to File a Partition Action in Florida? and Can One Heir Live in an Inherited Home While Another Heir Wants to Sell in Florida?.

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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.