Florida Partition Action Attorneys

What Is a Partition Action?

A partition action is a type of lawsuit filed when co-owners of a property cannot agree on how to use, maintain, or sell the real estate they share. The goal of a partition action is to either physically divide the property among the owners (partition in kind) or sell the property and distribute the proceeds among the co-owners (partition by sale). In most residential real estate cases, the court will order a partition by sale, particularly when the property cannot reasonably be split into equal parts.

Common situations that lead to partition actions include:

• Disputes among siblings or heirs who inherited a home.
• Former couples who co-own property after separating.
• Business partners who invested in property together but now disagree on its use or sale.

When & Why Partition Actions Become Necessary

Partition actions are often necessary when:

• One co-owner wants to sell the property, but others refuse.
• Co-owners disagree over improvements, repairs, or rental income.
• A person inherits a share of a home but has no interest in maintaining or using it.
• A real estate investment partnership dissolves, and property distribution becomes contested.

In some cases, a partition action is the only practical way to resolve an impasse and unlock the value of the property for all parties involved. Using a partition action, a property owner can leave an unwanted joint ownership arrangement without necessarily leaving money or financial value behind.

Legal Process of a Partition Action in Florida

The partition action process begins when one or more owners file a lawsuit in the appropriate circuit court. All other co-owners must be named as defendants and served with notice.

Once the case is underway, the court may do the following:

• Review property ownership records and confirm the legal interests of each party.
• Appoint a Special Magistrate to help manage the sale and report findings to the court.
• Order the sale of the property, typically through a judicial sale, though private sales are sometimes permitted.
• Determine how proceeds are divided, accounting for ownership shares and any equitable considerations (such as one party having paid more for upkeep or taxes).
• Address mortgages or liens, so creditors are paid in accordance with their legal rights.

Partition actions are governed by Florida statutes, but the court retains discretion in how to equitably resolve ownership disputes based on the facts of the case.

How Our Firm Helps with Partition Actions

At Haynes Law Group, we bring years of experience in Florida real estate and foreclosure law to every partition case. Whether you are filing a partition lawsuit or responding to one, our attorneys know how to protect your rights, interpret complex title and ownership issues, and push toward the most favorable outcome.

Our team can help you by:

• Evaluating your legal position and whether a partition action is appropriate.
• Filing or responding to partition lawsuits in Florida circuit courts.
• Attempting to negotiate with co-owners to explore settlement or buyout options before litigation escalates.
• Representing you in court if the case proceeds to trial or a judicial sale.
• Advising on the distribution of sale proceeds, valuation of the property, and potential reimbursement claims for expenses like taxes or repairs.

We also guide clients through Florida’s Uniform Partition of Heirs Property Act (UPHPA) when applicable, which offers additional protections in cases involving inherited family homes. This law may allow for appraisals and buyouts before a forced sale, helping to preserve family property and reduce unnecessary hardship.