Owning real estate together can work well — until it doesn’t. When co-owners of a property can’t agree on whether to sell, how to divide proceeds, or what to do with the property, Florida law provides a remedy called a partition action.
A partition action allows the court to step in and resolve disputes between co-owners, ensuring everyone receives their fair share of the property’s value. However, because it’s a court-supervised process, it can take time and become expensive if not handled carefully.
⚖️ Understanding a Partition Action
A partition action is a legal process that allows one or more co-owners of real property to force the division or sale of that property when the owners can’t agree.
It’s most often used in situations such as:
- Inherited property owned by multiple family members who disagree on whether to sell or keep it.
- Former partners or spouses who purchased property together but are no longer on good terms.
- Business partners or investors who jointly own real estate but can’t agree on how to manage or dispose of it.
🏡 Two Types of Partition in Florida
Florida law recognizes two forms of partition:
- Partition in Kind – The property is physically divided among the owners according to their ownership interests.
- This is rare for residential property but sometimes possible for vacant land or large tracts.
- Partition by Sale – The court orders the property to be sold, and the proceeds are divided among the owners after costs, liens, and adjustments.
- This is the most common outcome when a physical division isn’t practical.
📜 How the Partition Process Works
Because a partition action is court-supervised, it follows specific steps:
- Filing the Lawsuit: One co-owner (the plaintiff) files a lawsuit in the county where the property is located, asking the court to partition the property.
- Notice and Response: All other co-owners are formally served and have the opportunity to respond or contest the request.
- Appointment of a Special Magistrate: The court may appoint a special magistrate or commissioners to determine whether the property can be divided or should be sold.
- Sale or Division:
- If the court orders a sale, the special magistrate may be authorized to conduct a private sale rather than a public auction.
- In a private sale, the magistrate typically hires a licensed real estate agent to list and sell the property on the open market, subject to court approval.
- This approach often allows the property to sell at a more realistic market price and can result in higher net proceeds for all co-owners.
- Distribution: After the sale, the proceeds are deposited with the court. Costs, fees, and any liens are paid, and the remaining balance is distributed among the co-owners according to their ownership interests.
⏳ Time and Cost Considerations
Because this is a court-supervised process, partition actions often take many months or longer to complete. The timeline depends on the court’s schedule, whether the property is contested, and how quickly it sells.
They can also become expensive, with costs such as:
- Court filing fees
- Attorney’s fees
- Appraisals or property valuations
- Real estate agent commissions
- Special magistrate or commissioner fees
- Closing costs and taxes on the sale
These expenses are typically paid from the sale proceeds before distribution.
While a partition action ensures a legal resolution, it’s usually considered a last resort after informal negotiations or buyout attempts have failed.
💰 Key Legal Points
- Each owner’s proceeds reflect their ownership share (e.g., 50/50, 60/40, etc.).
- Courts can adjust distributions for one co-owner’s contributions toward mortgage payments, taxes, or improvements.
- Reasonable attorney’s fees and court costs may be divided among the owners from the sale proceeds.
👩⚖️ Why Partition Actions Matter
A partition action gives co-owners a clear legal path to end an ownership deadlock — ensuring no one is indefinitely bound to a property they no longer want. However, because it involves court oversight, sales approvals, and potential disputes, it’s not a quick or inexpensive process.
Having experienced legal counsel early can help protect your interests, control costs, and even reach a settlement before litigation becomes necessary.
🧭 How Vaughn Law PLLC Can Help
At Vaughn Law PLLC, we help clients navigate partition actions with clarity and professionalism — whether you’re initiating, defending, or exploring alternatives before filing.
Our team can:
- Evaluate your ownership rights and financial contributions
- Guide you through the court process and filings
- Protect your share of the property and sale proceeds
- Coordinate with the court, magistrate, and real estate agents
- Seek efficient resolutions that preserve value and minimize conflict
If you co-own a property and can’t agree on what to do next, it’s time to understand your legal options.
📞 Contact Vaughn Law PLLC today to discuss whether a partition action is right for your situation.