Partition Actions in Florida: What to Do When a Co-Owner Won’t Sell

Owning property with another person can be beneficial, but conflicts often arise when one owner wants to sell and the other refuses. If you are in this situation, Florida law provides a solution through a partition action, which allows a co-owner to force the sale or division of the property.

Understanding how partition actions work can help you navigate this legal process and protect your financial interests.

What Is a Partition Action?

A partition action is a legal process that allows a co-owner to request the court to divide or sell jointly owned property. This commonly occurs when:

• Siblings inherit a home, but one wants to sell and the other does not.

• Unmarried couples break up but co-own property.

• Business partners disagree on what to do with jointly owned real estate.

• Investment partners cannot agree on selling or keeping a shared property.

Under Florida law, no one can be forced to remain a co-owner against their will. If an agreement cannot be reached, a partition action can resolve the issue.

Types of Partition in Florida

1. Partition by Sale

This is the most common type of partition, where the court orders the property to be sold, and the proceeds are divided among the co-owners based on their ownership interest.

This method is used when the property cannot be physically divided (e.g., a home or commercial building).

2. Partition in Kind (Physical Division)

This method involves dividing the property into separate portions for each owner. It is typically only possible for large parcels of land and is rarely used for homes or buildings.

If physical division is impractical, the court will order a partition by sale instead.

How our office helps File a Partition Action in Florida

Step 1: We try to Reach an Agreement

Before filing a lawsuit, we attempt to negotiate. We send a formal demand letter with options to:

✔ Sell the property and splitting proceeds

✔ One owner buying out the other’s share

If no agreement is reached, legal action will be necessary.

Step 2: File a Partition Lawsuit

A partition lawsuit is filed in court including all the required information and documents. We then serve the other co-owners with the court documents.

Step 3: Court Decisions along the way

We will work with the court to determine:

• Ownership interests of each party

• Financial contributions of each party and reimbursement for their prospectives expenses (e.g., mortgage payments, taxes, and upkeep)

• How the property will be sold or divided

If one owner has contributed more financially, they may be entitled to a larger share of the sale proceeds.

Step 4: Sale or Division of Property

Usually the property is sold through a private sale, auction, or court-appointed special magistrate, and the proceeds are distributed among the owners.

Reimbursement for Expenses

If one co-owner has paid more toward the mortgage, property taxes, or maintenance, they may be entitled to reimbursement from the sale proceeds.

For example, if one owner has covered the full mortgage while the other has not contributed, the paying owner may receive a greater share of the proceeds.

Can You Stop a Partition Action?

If you are the co-owner who wants to keep the property, you may have options:

✔ Buy out the other owner’s share

✔ Negotiate a rental or co-ownership agreement

✔ Challenge the lawsuit if you believe the sale is illegal

Our office can help explore alternatives to forced sale.

Why You Need a Florida Real Estate Attorney

Partition actions are legally complex and often involve disputes over ownership percentages, property values, and financial contributions. An experienced attorney can:

✔ Assess your legal rights and advise on the best course of action

✔ Negotiate a resolution to avoid court, if possible

✔ File and litigate a partition lawsuit on your behalf

✔ Ensure fair distribution of proceeds

At our firm, we help clients resolve partition disputes efficiently and ensure they receive their fair share.

Final Thoughts

If you co-own property and cannot agree on whether to sell or keep it, a partition action may be the best solution. While negotiating a resolution is ideal, Florida law provides a clear legal process for settling disputes when co-owners disagree.

Our Florida real estate attorneys can help you protect your rights and guide you through the partition process. Contact us today for a consultation. Visit our website at www.TheSotoLawOffice.com or contact us at (321) 972-2279 for professional guidance tailored to your needs.