Breaking up is hard. Breaking up when you own property together is harder.
If you’re an unmarried couple in Florida with jointly owned real estate, you don’t have the divorce process to divide your property. Instead, you’ll need to navigate the situation using other legal tools — most commonly, a partition action.
Here’s what you need to know.
The Core Problem
When married couples divorce in Florida, the family court divides their property as part of the divorce proceeding. There are established rules about equitable distribution, and a judge oversees the process.
Unmarried couples don’t have this option. You can’t file for divorce if you were never married. There’s no family court proceeding to divide your assets.
This leaves many couples stuck:
- Both names are on the deed
- One person wants to sell; the other doesn’t
- Neither can force the other to move
- Neither can sell without the other’s signature
Without legal intervention, you could remain trapped indefinitely.
Your Options
Option 1: Agree on a Resolution
The simplest path forward is agreement:
- Sell the property and split the proceeds
- One person buys out the other at fair market value
- One person keeps the property and refinances to remove the other from the mortgage
If you can negotiate these terms without court involvement, you’ll save significant time and money. A real estate attorney can help document the agreement and handle the transaction.
Option 2: File a Partition Action
If agreement isn’t possible, you can file a partition action under Florida Statutes Chapter 64 to force a resolution.
Key points:
- Any co-owner can file — you don’t need your ex’s permission
- The right to partition is nearly absolute — your ex cannot block it simply by refusing
- The court will order the property sold and proceeds divided
The partition process typically takes 6-12 months and results in a court-ordered sale. Your ex’s options are to agree to a voluntary sale, buy you out, or go through the partition process.
What About Everything We Put Into the Property?
One of the most contentious issues for unmarried couples is who paid for what — and how that affects the final split.
Down Payment Contributions
If you contributed more to the down payment than your ownership percentage reflects, you may have a claim for reimbursement.
Example: You put down $60,000 on a house, your partner put down $0, but the deed shows 50/50 ownership. In a partition, you can seek a contribution credit for the additional $30,000 you paid beyond your 50% share.
Mortgage Payments
If you’ve been making mortgage payments alone while your ex contributes nothing, those payments create contribution credits.
Example: Over 2 years, you paid $48,000 in mortgage payments. Your 50% share was only $24,000. You’re entitled to a $24,000 contribution credit.
Repairs and Improvements
Payments for necessary repairs (roof, plumbing, HVAC) are recoverable. Elective improvements (remodeling, cosmetic upgrades) generally are not.
The Documentation Requirement
To recover contribution credits, you must prove what you paid. Keep:
- Bank statements showing payments
- Cancelled checks
- The HUD-1 or Closing Disclosure from purchase
- Receipts for repairs
What If My Ex Is Living in the House?
If your ex is living in the property and has denied you access, you may be entitled to an ouster credit — 50% of the fair market rental value for the period you were excluded.
Example: Your ex changed the locks and refused to let you in for 12 months. Fair market rent is $2,200/month. Your ouster credit: $2,200 × 12 × 50% = $13,200.
To recover ouster, you must prove you were actually excluded — not just that you chose not to visit. Save text messages, emails, or other evidence showing your ex denied you access.
Common Scenarios
“My ex won’t agree to anything”
File a partition action. You don’t need their agreement. The court will order the sale regardless of their wishes.
“My ex is living there and not paying the mortgage”
Continue paying to protect your credit, but document every payment. You’ll recover contribution credits in the partition. If they’re excluding you, document that for ouster credits.
“My ex wants to keep the house but won’t buy me out”
They can either buy you out at fair market value or go through the partition process. If they can’t afford a buyout, the property will be sold and proceeds divided.
“We’re both on the mortgage — what about my credit?”
Until the property is sold or refinanced, you remain liable on the mortgage. This is a strong incentive to resolve the situation quickly through partition. The sale will pay off the mortgage and release both of you from the debt.
“Can I just move out and stop paying?”
You can move out, but stopping payment may damage your credit and risk foreclosure. A better strategy: keep paying, document everything, and recover your contributions through the partition process.
The Emotional Reality
Property disputes with an ex are emotionally charged. The home you shared represents your relationship, and dividing it feels like acknowledging the end.
But remaining trapped in co-ownership with someone you’re no longer with has real costs:
- Financial (you can’t access your equity)
- Practical (you can’t move on with your housing)
- Emotional (ongoing conflict and resentment)
Partition provides a clear, legal path to resolution. It’s not about winning or losing — it’s about getting both parties unstuck so you can move forward with your lives.
Next Steps
If you’re an unmarried couple separating and can’t agree on what to do with your property:
- Gather your financial records (payments you’ve made)
- Document communications (especially about exclusion)
- Consult with a partition attorney about your options
- Decide whether to attempt negotiation or proceed directly to partition
You don’t have to remain trapped. Florida law gives you the right to force a resolution. Contact Revah Law Group to discuss your situation and understand your legal options moving forward.