Real Estate Services

Partition Action
in Florida

When co-owners cannot agree on what to do with shared property, the law gives any owner the right to force a resolution. A partition action ends the deadlock and gives you a path forward.

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The Legal Remedy

What Is a Partition Action in Florida?

A partition action is a lawsuit that allows any co-owner of real property to force either a physical division of the property or a court-supervised sale, with the proceeds divided among the owners. In Florida, this right is absolute. No co-owner can be forced to stay locked in a co-ownership arrangement forever.

The most common situations involve inherited property where heirs disagree on whether to sell or keep it, former partners or spouses who jointly own investment property, or investors who purchased together and now want different outcomes.

A partition action often resolves through negotiation or buyout before trial. We use the legal process strategically to get you to a fair resolution as efficiently as possible.

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Watch: Partition Actions in Florida Explained

What We Handle

Six Partition Situations We Resolve

Inherited Property Disputes

When siblings or other heirs inherit property together and cannot agree on what to do with it, a partition action gives any co-owner the right to force a resolution through the court.

Forced Sale of Co-Owned Property

If one co-owner wants to sell and the other refuses, a partition by sale allows the court to order the property sold and the proceeds divided among the owners according to their interests.

Buyout Negotiation and Enforcement

A partition action often prompts a buyout settlement. We negotiate on your behalf to get you a fair price for your interest, or to purchase the other co-owner's interest at a reasonable value.

Dispute Over Use and Management

Co-owners who disagree about how to use, maintain, or manage a property can seek a partition. You do not have to stay locked in an unworkable co-ownership arrangement indefinitely.

Equitable Accounting of Contributions

If one co-owner has paid more than their share of the mortgage, taxes, or improvements, a partition action can include an accounting so that the final division reflects each party's actual contributions.

Full Representation Through Resolution

We represent you from the filing of the partition complaint through the final division or sale, including any settlement negotiations, hearings, and the court-supervised sale process if needed.

Natalia Ouellette-Grice, Real Estate Attorney

Why LCO Law

We End Co-Ownership Deadlocks and Get You to Resolution

Co-ownership disputes are often personal. Inherited property involves family. Investment property involves partners. We handle these cases with the combination of legal precision and practical judgment that complex co-ownership disputes require.

We represent co-owners seeking a forced sale, division, or buyout
We use the partition process strategically to reach resolution faster
We negotiate buyout settlements to avoid a costly court-supervised sale
We handle the accounting of contributions, expenses, and improvements
Serving co-owners and property investors across all of Florida

Common Questions

Partition Action FAQ

What is a partition action in Florida?

A partition action is a lawsuit filed by one or more co-owners of real property to force a division or sale of the property when the co-owners cannot agree. In Florida, any co-owner has the absolute right to bring a partition action, regardless of what the other co-owners want. The court can either divide the property physically (partition in kind) or order it sold and divide the proceeds (partition by sale).

When does a court order a sale versus a physical division?

Florida courts prefer physical division of the property when that is practical. However, most real estate, especially residential property, cannot be fairly divided physically. In those cases, the court orders a partition by sale, where the property is sold through a court-supervised process and the proceeds are divided among the co-owners according to their respective ownership interests.

Can I be forced to sell my share of a property?

Yes. In Florida, any co-owner can bring a partition action and the court can order a sale of the entire property, not just the petitioning owner's share. This is why co-ownership arrangements should be set up carefully with a written co-ownership agreement that addresses what happens if the parties disagree.

Can the other co-owner just buy me out instead of selling?

Yes, and this is often the most efficient outcome. A partition action frequently prompts a buyout settlement before the case reaches trial. We negotiate aggressively on your behalf to get a fair value for your interest if a buyout is the preferred path, or to protect your position if you want the full sale to proceed.

What if one co-owner has paid more expenses than the other?

The court can conduct an accounting to determine each party's contributions to mortgage payments, property taxes, insurance, repairs, and improvements. If one co-owner has paid more than their proportional share, they may be entitled to a larger portion of the sale proceeds or a credit against what the other owner receives.

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Tell us about the property and the co-ownership situation. We will let you know what options you have and how a partition action can help. No pressure, no obligation.

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Partition Actionin Florida