The Short Answer

In Florida, if your parent’s ex-spouse is still on the deed (or still has an ownership interest that was never properly transferred), you typically cannot “remove” them with a simple form—ownership interests are changed by a valid conveyance or a court order. When the ex-spouse will not sign a deed or there is a dispute about what the divorce actually awarded, a court action such as a partition case may be necessary to resolve the co-ownership and clear title.

What Florida Law Says

Florida treats people listed on a deed as owners of record unless and until their interest is legally transferred or extinguished. If two or more people own the property together and cannot agree on what to do with it (including whether one party should be bought out), Florida law allows the court to resolve the dispute through a partition process, which can result in a court-ordered reallocation of interests or a sale when the property cannot be fairly divided.

The Statute

The primary law governing this issue is Fla. Stat. § 64.207.

This statute establishes that in a partition-by-sale case, qualifying co-owners may have a court-supervised opportunity to buy out the interests of other co-owners under defined notice and timing rules, and the court can enter a judgment reallocating ownership interests that can be recorded in the county’s official records.

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 buyout elections and related notices can involve short, statute-driven time windows (for example, the 45-day election period referenced in Fla. Stat. § 64.207), and missing them can change your leverage and options.
• Burden of Proof: You may need clear evidence of the current deed status, the divorce judgment’s property provisions, and whether any later conveyance occurred—title problems often turn on document language and recording history.
• Exceptions: The right approach can change depending on how title is held (e.g., tenancy by the entirety vs. tenants in common), whether the divorce judgment required a transfer that never happened, and whether there are liens, homestead issues, or other parties with interests.

Trying to handle this alone can lead to avoidable delays, clouds on title that block refinancing or sale, or a case being dismissed for technical reasons.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Partition Action attorney in Florida to discuss your specific facts and options.

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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.