The Short Answer

In Florida, partition-sale costs (including commissioner/special magistrate compensation and attorneys’ fees that benefit the partition) are typically shared by the co-owners based on their ownership interests, as determined by the court on equitable principles. In many cases, the court can have those amounts paid directly out of the sale proceeds before the remaining money is distributed to the owners.

What Florida Law Says

Florida’s partition statute generally treats the expenses of a partition case as a shared obligation among the parties. The court has discretion to allocate costs and attorneys’ fees in a way that is fair, usually in proportion to each party’s interest, and it focuses on whether the work performed was of benefit to the partition (not just to one side’s personal strategy).

The Statute

The primary law governing this issue is Fla. Stat. § 64.081.

This statute establishes that each party is bound to pay a share of the costs (including attorneys’ fees) on equitable principles in proportion to their interest, and in a sale the court may order costs and fees to be paid or retained from the sale proceeds.

Separately, Florida law also authorizes the court to appoint commissioners (or a special magistrate/clerk for a sale) and to allow reasonable compensation for their services, which is commonly treated as a partition “cost.” See Fla. Stat. § 64.061.

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:

• Equitable allocation (not automatic): Fees are tied to services “of benefit to the partition,” and disputes often arise over what work qualifies and how much is reasonable under § 64.081.
• Sale-proceeds deductions: The court may order costs/fees to be paid from sale proceeds, which directly affects each owner’s net distribution and can become a major point of conflict.
• Commissioner/special magistrate issues: What is “reasonable” compensation, and whether additional professionals (like surveyors) are needed, can materially change the cost picture under § 64.061.

Trying to handle a partition sale without counsel can lead to avoidable fee disputes, an unfavorable allocation of costs, or delays that reduce the value of the sale. A Florida probate/partition attorney can position your request so the court understands which fees truly benefited the partition and how costs should be fairly charged.

If you want more background, you may also find these helpful: What does a partition action cost and how long does it take in Florida? and Can I force the sale of a co-owned house with my sibling in Florida if we can’t agree?.

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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.