Partition Actions in Florida: What Happens When Co-Owners Disagree
Owning property in South Florida with another person can work well until it doesn’t. When co-owners disagree about how to use, manage, or sell a property, the dispute can quickly become complicated, especially when neither party wants to back down.
Florida law gives co-owners a legal remedy when they cannot reach an agreement on their own. A partition action allows the court to step in and resolve the dispute, but both the process and the outcome depend heavily on the facts of the case. Our Florida real estate litigation lawyer explains how partition actions work and what co-owners should expect.
What a Florida Partition Action Involves
A partition action is a lawsuit that allows a co-owner of real property to force a division or sale of the property when the owners cannot agree. Under Chapter 64 of the Florida Statutes, any co-owner, whether they hold title as a joint tenant or tenant in common, has the right to bring a partition action.
Florida courts generally favor partition by sale when a physical division would significantly reduce the property’s value. Common situations that lead to partition actions in Florida include:
- Inherited property where siblings or other heirs disagree on whether to sell.
- Investment properties in which co-owners no longer agree on management or an exit strategy.
- Formerly shared properties where a relationship has ended, and one party wants out.
- Business partners who jointly own real estate and have dissolved their business relationship.
- Disputes over how to divide rental income or cover carrying costs on a shared property.
- Co-ownership arrangements where one party has contributed more financially and seeks equitable credit.
Florida’s Uniform Partition of Heirs Property Act provides additional protections for co-owners who inherit property and lack a formal written agreement.
How South Florida Courts Resolve Partition Disputes
In a South Florida partition action, a judge first determines whether the parties have a valid co-ownership interest in the property. If the court confirms co-ownership, it moves to the partition phase. Factors that affect the outcome include:
- Whether the co-owners have a written agreement that governs disputes.
- Whether one co-owner has paid more than their share of expenses.
- Whether a physical division would result in significant losses.
- Whether one co-owner wants to buy out the other.
- Whether the partition involves heir’s property, which triggers additional statutory protections.
A partition action can move quickly once filed. Get professional legal guidance to understand your options and protect your interests throughout the process.
Contact Our Experienced Florida Real Estate Litigation Lawyer
Co-ownership disputes can strain relationships and put significant assets at risk. At Neuman Law, P.A., our Florida real estate litigation lawyer helps property owners throughout South Florida navigate partition actions, protect their ownership interests, and get the best possible outcome.
To discuss how we can help you, contact our office and request a consultation. We provide trusted legal guidance to clients in Florida, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html