Partition Under Florida Statutes Chapter 64
When multiple individuals or entities own real estate together and cannot agree on whether to sell, manage, or maintain the property, Florida Statutes Chapter 64 provides the absolute right of partition. Attorney James E. Orth Jr. guides co-owners through partition actions, ensuring property value is protected and credits for taxes, mortgage payments, and improvements are fairly accounted for.
Where a Partition Case Goes
Partition by Sale
When co-owned real estate cannot be physically divided, the court orders a private or judicial sale and divides the net proceeds.
Inherited Property Disputes
Family members who jointly inherit Florida real estate and disagree on whether to keep, rent, or sell.
Accounting for Property Expenses
Court offsets and credits for owners who paid property taxes, insurance, mortgage payments, or repairs.
Negotiated Buyouts
Buyout agreements and deed transfers structured between parties to avoid court sales when possible.
Frequently Asked Questions
Can one co-owner force the sale of a Florida property?
Yes. Under Florida law, any tenant-in-common or joint tenant has the statutory right to file a partition lawsuit. If the property cannot be physically partitioned (which is true for almost all single-family homes and developed commercial properties), the court will order the property sold.
Who pays attorney fees in a Florida partition action?
Under Florida Statute 64.081, court costs and reasonable attorney fees in a partition action may be apportioned among the parties according to their respective interests in the property.