Partition Actions in Florida: What Attorneys Should Know (And How We Can Help)

Owning property with another person can be great—until it’s not. Whether it’s between siblings, exes, friends, or business partners, co-ownership doesn’t always work out long-term. When one party wants to sell and the other doesn’t, a partition action is usually the only legal way to move forward.

At Cornerstone Paralegal Group, we support Florida attorneys handling partition actions from start to finish. This post breaks down what a partition is, how it works under Florida law, and where an experienced paralegal can make your job easier.

What Exactly Is a Partition Action in Florida?

A partition action is a lawsuit filed to divide or force the sale of real estate that’s co-owned by two or more people. Florida law gives any co-owner the absolute right to request a partition—even if the other owners don’t agree. These actions are governed by Chapter 64 of the Florida Statutes.

In Florida, partition applies to:

• Real property held as tenants in common

• Real property held as joint tenants

• Real property owned by heirs or devisees

• Property jointly owned outside of marriage (e.g., unmarried couples or investors)

The co-owner bringing the action is asking the court to either:

• Divide the property (called partition in kind) if it’s physically possible, or

• Order a judicial sale (called partition by sale) if it’s not practical to divide

The proceeds of any sale are then split among the owners based on their interest in the property—with adjustments for any expenses, improvements, or contributions one party made over time.

Key Florida-Specific Rules to Keep in Mind

Here’s what sets Florida partition actions apart:

• The right to partition is absolute unless there’s a valid written waiver or agreement stating otherwise. Even if the other co-owners object, the court can still order a partition.

• Equity matters – Florida courts often hear claims for reimbursement related to mortgage payments, taxes, repairs, insurance, and even improvements. These equitable claims are typically handled during the partition process itself—not through separate lawsuits.

• Homestead protections may apply – If the property qualifies as a homestead under Article X, Section 4 of the Florida Constitution, partition can become more complicated, especially when a family residence is involved.

• Courts prefer partition by sale – Florida courts lean toward selling the property and dividing the proceeds rather than physically splitting the land, unless division is straightforward and doesn't diminish value.

Who Typically Files a Partition Action?

Florida attorneys tend to see partition cases in these scenarios:

• Siblings or heirs who inherited a home or land and can’t agree on what to do with it

• Unmarried couples who bought a house together and later broke up

• Business partners or investors who co-own rental or commercial property

• Divorce situations where one spouse is still on the deed after the other moves on

No matter the reason, once communication breaks down and co-owners can’t agree, partition is often the only option left.

Step-by-Step Breakdown of the Process

Here’s a high-level view of how partition actions unfold in Florida:

1. Confirm Ownership and Clear Title
   A paralegal can pull deeds, run a title search, and confirm all vested owners. Liens, mortgages, or probate issues? Those need to be addressed early.

2. Draft and File the Complaint
   The complaint must include the legal description, list of co-owners, percentage of ownership, and request for relief (sale or division). The court may also appoint a special magistrate to oversee the process.

3. Serve the Defendants
   Every co-owner must be formally served and given a chance to respond. This can get tricky if someone is out of state, uncooperative, or deceased.

4. Address Equitable Claims
   If one party paid more toward the mortgage, taxes, or repairs, they may be entitled to a larger share of the sale proceeds. Supporting documents and accounting will be critical here.

5. Hearing and Judgment
   After evidence and accounting are reviewed, the court enters a final judgment either dividing the property or ordering it to be sold. Proceeds are then distributed, with adjustments as needed.

Where Things Often Get Complicated

Partition actions can start simple—but turn complex quickly. Common issues include:

• Arguments over property value or appraisals

• Disputes about who paid what over the years

• Unwilling co-owners who won’t cooperate or refuse to sell

• Probate complications with inherited property

• Out-of-state or hard-to-locate parties

• Family members at odds—which often makes mediation difficult

Where Our Paralegals Come In

We’re here to make your life easier. Our Florida-based virtual paralegals support attorneys with:

🔍 Title Work and Ownership Review

We handle preliminary research and summaries so you know what you're working with.

📝 Drafting the Complaint, Motions, and Orders

We prepare everything you need to get the case filed and moving.

📁 Organizing Contributions and Accounting

From receipts to mortgage records, we help present a clear picture for the court.

📆 Managing Timelines and Service

We track deadlines, confirm service, and make sure everything is properly calendared.

🎯 Preparing for Hearings

Need exhibits, accounting summaries, or a hearing packet? We’ve got you.

Why Florida Attorneys Trust Cornerstone

Partition cases can get messy, fast. But with the right support, you can move your cases forward without getting buried in the paperwork. Our paralegals:

• Know Florida’s statutes, rules, and procedures

• Are efficient, responsive, and professional

• Work on-demand, so you’re only paying for what you need

• Keep your cases on track and your clients informed

Final Thoughts

If your client is stuck in a co-ownership situation they can’t resolve on their own, partition may be their best (or only) path forward. With so many moving pieces—ownership, equity claims, family dynamics—having the right support in place is key.

Let us help you handle the details so you can focus on the strategy.

Need help with a partition case?
Cornerstone Paralegal Group provides experienced, Florida-based virtual paralegal support for attorneys across the state. Contact us to learn more about how we can help move your case forward.