Resolving property ownership conflicts by Partition

A partition of property under Florida law refers to the legal process by which co-owners of real estate divide their ownership interests, either physically (by splitting the property) or through a sale and distribution of proceeds. This is commonly used when multiple parties jointly own property (as tenants in common or joint tenants) and cannot agree on how to manage or dispose of the property. These types of disagreements often occur after an owner of property passes away and the beneficiaries of the family inheritance disagree, when non-married individuals no longer maintain an amicable relationship, or even when business ventures go sideways.

Any co-owner (whether tenant in common or a joint-tenant) has the ability to file a partition action, even if the other co-owner(s) object, as no one person can be forced to stay in an arrangement they no longer wish to be in. If the property owners cannot agree amongst themselves how to divide the property or determine the buy-out percentages of one or the other owner's share, legal intervention will likely be needed. See Florida Statutes §64.031.

Typically, there are two methods of partition. Either a partition in kind (which involves physically dividing property among the co-owners and is more common with large parcels of land), or partition by sale (typically used for smaller lots or a house that cannot be divided), whereby the court may order the property to be sold and the proceeds to be divided among the co-owners, according to their percentage of interest share. See Florida Statutes §64.071.

Should a party seek legal counsel, a partition action will need to be filed in the circuit court of the county where the property is located. The Court will decided whether partition is appropriate and by which method (in-kind or by sale) to use. If the property is sold, the court will oversee the process to ensure fairness. Proceeds are disbursed based on ownership percentage and adjustments can be made for expenses (such as property taxes, mortgage payments, improvements, and maintenance) made by any individual owners. In the event one co-owner has paid more than their share of property expenses, equitable considerations will be taken and that owner may be entitled to reimbursement from the sale proceeds or from other co-owners, depending on the type of division.

Some additional types of reimbursement can occur if one co-owner has exclusive use and possession ("ouster"), which may entitle non-possessory owner to be reimbursed for rental value.

If you have questions about partition or how to enforce your ownership rights, contact our Twig Department at (888)ASK-TWIG with any questions.

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