The Short Answer

In Florida, a partition action is generally available when two or more people co-own real property and cannot agree on what to do with it. A qualifying co-owner can file a lawsuit against the other co-owners (and other interested parties) asking the court to determine everyone’s interests and order a division or, if necessary, a sale.

What Florida Law Says

Florida’s partition statutes allow a co-owner to bring a court action to resolve shared ownership when voluntary agreement is not possible. At a high level, the case focuses on identifying the property, identifying all owners and other interested persons, and allowing the court to adjudicate each party’s rights and percentage interests so the property can be divided or otherwise resolved under court supervision.

The Statute

The primary law governing who can bring a partition action is Fla. Stat. § 64.031.

This statute establishes that any one or more joint tenants, tenants in common, or coparceners may file a partition action against their co-owners (and others interested in the land) to have the property divided.

Florida also requires the complaint to include key information so the court can determine everyone’s rights. Under Fla. Stat. § 64.041, the complaint must generally allege a description of the land, the names and residences of owners/claimants (to the best of the plaintiff’s knowledge), the quantity held by each, and any other matters needed for the court to adjudicate the parties’ interests. If certain information is unknown, the statute allows that to be stated and, in some circumstances, the case may proceed even if unknown persons cannot yet be specifically named.

Why You Should Speak with an Attorney

While the statutes provide the general framework, partition cases often become contested quickly and can be derailed by missing parties, disputed ownership interests, or notice problems. Legal outcomes often depend on:

• Strict Deadlines: If notice by publication is sought and the court determines the property is “heirs property,” Florida law imposes a tight posting deadline (generally within 10 days after receipt of the notice of action). See Fla. Stat. § 64.204.
• Burden of Proof: You typically must support the claimed ownership interests (who owns what percentage) and identify all persons “interested in the lands,” which can require careful title review and evidence.
• Exceptions: Special rules may apply depending on whether the property qualifies as “heirs property,” whether all cotenants agree to proceed under certain statutory provisions, or whether the property is involved in an estate distribution. See, for example, Fla. Stat. § 64.214 and Fla. Stat. § 733.814.

Trying to handle this alone can lead to procedural errors, defective notice, or a case that stalls because a necessary party was not properly included.

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.

Find a Florida Attorney Now

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.