One of the most common — and costly — mistakes in Florida property disputes is filing the wrong type of lawsuit. If you file a partition action when you should have filed for judicial dissolution (or vice versa), your case can be dismissed, wasting months and thousands of dollars.
Here’s how to determine which legal action you need.
The Simple Rule
Check the deed. The answer depends on how the property is titled:
- Individuals own the property → File a Partition Action (Chapter 64)
- An LLC, corporation, or partnership owns the property → File for Judicial Dissolution (Chapter 605 or 607)
Partition Actions: For Individual Owners
A partition action under Florida Statutes Chapter 64 applies when the property is owned directly by individuals — their names appear on the deed.
Common forms of individual ownership that support partition:
- Tenants in common — Each owner has a separate, divisible interest
- Joint tenants with right of survivorship — Owners have equal shares with survivorship rights
- Tenants by the entirety — Married couples (though partition between spouses requires special considerations)
If the deed shows names like “John Smith and Jane Doe, as tenants in common” or “John Smith and Jane Doe, as joint tenants with right of survivorship” — partition is the correct remedy.
Judicial Dissolution: For Entity-Owned Property
If an LLC, corporation, or partnership owns the property, you cannot use the partition process. The property is owned by the entity, and you own an interest in the entity — not the real estate directly.
To force a sale, you must dissolve the entity itself under:
- Chapter 605 — Florida Revised Limited Liability Company Act (for LLCs)
- Chapter 607 — Florida Business Corporation Act (for corporations)
Judicial dissolution is a more complex process:
- You file a petition asking the court to dissolve the business entity
- The court appoints someone to “wind up” the company’s affairs
- All creditors must be identified and paid
- Only after creditors are satisfied can remaining assets (including real estate) be distributed to owners
- The property sale is just one part of the overall dissolution process
Judicial dissolution typically takes longer and costs more than a partition action because you’re unwinding an entire business entity, not just forcing a property sale.
Why Does This Matter?
Filing the wrong action can result in:
- Dismissal — Your case gets thrown out
- Wasted time — Months lost while you refile correctly
- Wasted money — Attorney fees and filing fees down the drain
- Statute of limitations issues — In some cases, delay could affect your rights
Always verify how the property is titled before filing anything.
What If There’s a Partnership Agreement or Operating Agreement?
If the property is owned through an LLC or partnership, the entity’s governing documents may affect your options:
- The operating agreement (LLC) or partnership agreement may specify procedures for disputes
- There may be buyout provisions that govern how members exit
- Dispute resolution clauses might require mediation or arbitration first
- Some agreements include provisions about what happens if members can’t agree
Review these documents carefully with an attorney before proceeding.
What If We Own the Property AND Have an LLC?
Sometimes the situation is more complicated:
- Two people own property individually, AND they have an LLC for other purposes
- An LLC owns one property, but they personally own another
- The property was supposed to be transferred to an LLC but never was
In these cases, the deed controls. Look at who actually owns the specific property in dispute, not what the parties intended or what other business arrangements exist.
The Bottom Line
Before filing a partition action:
- Get a copy of the deed from the county recorder’s office
- Identify who owns the property — individual names or an entity name
- Consult with an attorney if there’s any ambiguity
Filing the correct action from the start saves significant time and money. Contact Revah Law Group today to speak with our Florida partition lawyer and make sure your case is filed correctly from day one.