You’ve decided you want out of your co-ownership situation. Before you file a partition lawsuit, take these five steps to strengthen your position and maximize your recovery.
1. Gather Every Financial Record
The accounting phase of a partition action determines who gets what from the sale proceeds. The co-owner with the best documentation wins.
Collect these documents now:
- Bank statements showing mortgage payments, tax payments, and insurance premiums paid from your personal accounts
- Cancelled checks or electronic payment confirmations
- HUD-1 Settlement Statement or Closing Disclosure from the original purchase (showing down payment contributions)
- Receipts and invoices for repairs, maintenance, and improvements
- Property tax records from the county tax collector
- Insurance declarations pages showing premium payments
Create an organized file — physical or digital — with everything categorized by date and expense type. This will be invaluable during discovery.
Pro tip: If you paid for expenses in cash and don’t have receipts, those payments may be difficult to prove. Going forward, pay everything by check or electronic transfer so there’s a clear record.
2. Document All Communications in Writing
Florida’s Statute of Frauds makes verbal agreements about property difficult to enforce. From this point forward, every communication with your co-owner about the property should be in writing.
- Use email or text messages (not phone calls)
- If you must have a verbal conversation, follow up with an email summarizing what was discussed
- Save everything
This documentation serves multiple purposes:
- Evidence of bad faith: If your co-owner refuses reasonable offers to sell or buy out, written refusals demonstrate their obstruction
- Proof of agreements: Any agreements about who pays what or how the property is managed should be in writing
- Support for credits: If your co-owner acknowledged you paid for a repair, that text message supports your contribution credit
3. Get the Property Appraised
Before filing, know what the property is worth. A professional appraisal:
- Helps you evaluate settlement offers
- Supports buyout negotiations
- Establishes fair market rental value (important for ouster credits)
- Provides a baseline for the eventual sale
You can hire an appraiser for $300-$500. It’s a worthwhile investment to understand what you’re fighting over.
4. Send a Formal Demand Letter
Before filing a lawsuit, send your co-owner a written demand offering to resolve the matter privately. This letter should:
- State your desire to sell the property or receive a buyout
- Propose specific terms (e.g., “list the property for sale at $X” or “buy out my interest for $Y based on the attached appraisal”)
- Set a deadline for response (typically 10-14 days)
- Note that you will pursue legal remedies if the matter cannot be resolved
Why this matters:
- Creates leverage: A demand letter from an attorney signals you’re serious
- Demonstrates good faith: Shows the court you tried to resolve the dispute before litigation
- Supports fee recovery: Under F.S. 64.081, courts allocate attorney fees based partly on who acted reasonably — a documented good-faith offer strengthens your position
- May resolve the case: Many co-owners will negotiate once they realize you have legal counsel and understand the process
5. Understand the Timeline and Costs
Set realistic expectations before you file:
Timeline: Most partition actions resolve in 6-12 months. Contested cases with complex accounting may take 12-18 months. Full trials are rare.
Costs: Attorney fees typically range from $5,000-$20,000 depending on complexity. Filing fees are approximately $400-$500. However, under F.S. 64.081, fees are paid from the sale proceeds and allocated among the parties — you don’t necessarily pay out of pocket.
Outcome: Partition actions almost always succeed in forcing a sale. The question is usually how the proceeds are divided, not whether the sale happens.
Understanding these realities helps you make informed decisions about settlement offers and litigation strategy.
Bonus: Confirm How Title Is Held
Before filing a partition action, verify how the property is titled:
- Individual names (tenants in common, joint tenants): Partition action is appropriate
- LLC, corporation, or partnership: You cannot file a partition action — you must pursue judicial dissolution of the entity instead
Check the deed to confirm. Filing the wrong type of action results in dismissal and wasted time.
Ready to Move Forward?
Contact Revah Law Group today to speak with our Florida partition lawyer. We’ll help you protect your rights, recover your share, and resolve your co-ownership dispute efficiently.