What is a Partition Action and How Does It Work in North Carolina? - Florida
The Short Answer
In Florida, a partition action is a lawsuit that allows a co-owner of property (like a sibling who inherited a home) to ask the court to divide the property or, if it cannot be fairly divided, to order a sale and split the proceeds. If you and the other owners cannot agree on what to do with co-owned property, Florida law generally allows a co-owner to file for partition to force a resolution.
What Florida Law Says
Partition is a court-supervised remedy for jointly owned property. A partition case typically focuses on (1) who the owners are, (2) what percentage each person owns, and (3) whether the property can be divided fairly (partition “in kind”) or must be sold (partition “by sale”). Florida treats partition as an equitable (chancery) matter handled by the court.
The Statute
The primary law governing this issue is Fla. Stat. § 64.031.
This statute establishes that any one or more joint tenants or tenants in common may file a partition action against the other co-owners (and others who claim an interest) to have the land divided.
Depending on the facts, the court may enter a judgment determining each party’s rights and interests and ordering partition if the parties are entitled to it. See Fla. Stat. § 64.051. If the property cannot be divided without prejudice to the owners, the court may order a public auction sale and then divide the money among the owners in proportion to their interests. See Fla. Stat. § 64.071.
Partition cases also commonly involve disputes about who should pay costs and attorneys’ fees. Florida law allows the court to allocate costs (including attorneys’ fees) among the parties on equitable principles in proportion to each party’s interest, to the extent the services benefited the partition. See Fla. Stat. § 64.081.
If your situation involves inherited “heirs property,” Florida has additional rules that can affect whether the court orders a division or a sale, and whether co-owners have buyout rights. (Those rules are in Chapter 64, Part II.)
Related reading: forcing the sale of a co-owned house with a sibling in Florida and what happens if one co-owner tries to sell without consent.
Why You Should Speak with an Attorney
While the statutes provide the general framework, applying them to your specific co-ownership dispute is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Partition often overlaps with probate timelines, creditor issues, and title problems. Waiting can increase costs and complicate sale timing, liens, and distributions.
- Burden of Proof: You may need evidence of the chain of title, each owner’s percentage interest, contributions to mortgage/taxes/insurance/repairs, and whether the property can be divided without prejudice (or must be sold). Disputes over these facts can drive the case.
- Exceptions: “Heirs property” rules, homestead issues, unknown or missing owners, and competing claims (liens, judgments, estate claims) can change the strategy and the likely outcome.
Trying to handle a partition dispute without counsel can lead to avoidable delays, missed claims for credits or reimbursements, or an unfavorable sale outcome.
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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.