Florida Partition Actions: How to Force the Sale of Jointly Owned Property

Stuck owning property with someone who won't cooperate? Whether you inherited a house with siblings who refuse to sell, broke up with a partner who won't agree to list your shared home, or have a business relationship that has deteriorated beyond repair — Florida law provides an escape. A partition action is your legal right to force the sale of jointly owned property, even when other owners refuse.

Under Florida Statutes Chapter 64, the right to partition is nearly absolute. If you own any percentage of a property — even just 1% — you can file a partition lawsuit and compel a sale. The other owners cannot stop you simply because they disagree.

At Revah Law, we represent co-owners throughout Miami-Dade, Broward, and Palm Beach counties in partition actions. We take an aggressive, litigation-focused approach to protect your financial interests and get you out of property disputes as efficiently as possible.

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What Is a Partition Action in Florida?

A partition action is a lawsuit filed to divide or sell real estate owned by two or more people who cannot agree on what to do with the property. It is the legal mechanism Florida provides to break the deadlock when co-owners are stuck.

Here is the critical point: You do not need the other owners' permission to file. The right to partition is considered "nearly absolute" under Florida law. Courts consistently protect this right because the alternative — forcing people to remain trapped in unwanted co-ownership indefinitely — is fundamentally unfair.

When you file a partition action, you are asking the court to do one of two things:

1. Order the property sold and divide the proceeds among the owners according to their ownership shares (and adjusted for credits, discussed below), or
2. Physically divide the property so each owner receives their own separate parcel (rare in urban South Florida).

The result is freedom: you exit the co-ownership, receive your share of the equity, and move on with your life.

When we analyze whether a partition action is appropriate, we also look at how the property is titled, any written agreements between the parties, and whether there are related issues such as probate, foreclosure, or pending eviction cases in the Miami-Dade County Courthouse. This broader review helps us anticipate complications that could arise and structure your case so a judge can clearly see why ending the co-ownership is the fairest solution.

Who Needs a Partition Action?

Partition disputes arise whenever co-owners reach an impasse. The underlying relationship does not matter — what matters is that you own a share of the property and want out. Here are the most common scenarios we handle.

Inherited Property Disputes

The situation: A parent dies and leaves a house to multiple children. One sibling wants to sell. Another sibling is living in the house and refuses to leave. A third sibling lives out of state and just wants their share of the inheritance. No one can agree, and the property sits in limbo —accruing taxes, maintenance costs, and resentment.

The solution: Any heir who owns a share of inherited property can file a partition action to force a sale. You do not need your siblings' consent. Under Florida law, you have the right to liquidate your inheritance and receive your share of the proceeds.

If one sibling has been living in the property and excluding the others, you may also be entitled to ouster credits — essentially back rent for the period you were denied access to your own property.

Unmarried Couples Breaking Up

The situation: An unmarried couple purchases a home together. The relationship ends, but both names remain on the deed. One partner wants to sell; the other refuses — perhaps hoping to buy time, force a lowball buyout, or simply make the process difficult.

The solution: When unmarried couples cannot agree on what to do with jointly owned property, partition is the remedy. Unlike divorce (which has its own property division rules), unmarried co-owners must use Chapter 64 to resolve their dispute.

The court will determine each party's ownership interest, credit any disproportionate payments (mortgage, taxes, repairs), and order the property sold. The proceeds are divided based on ownership and credits — not based on who wants to "keep" the property.

Business Partner & Investment Disputes

The situation: Two or more individuals invest in a property together — perhaps a rental property, a fix-and-flip project, or a vacation home. The partnership sours. One partner wants out; the other wants to hold. Business decisions stall, and the asset is at risk.

The solution: If the property is held in individual names (not through an LLC or corporation), any co-owner can file a partition action to force a sale or buyout. The court will order the property sold and divide proceeds according to ownership percentages and any contribution credits.

Important distinction: If the property is owned by an LLC, corporation, or partnership, you cannot file a partition action. You must instead pursue judicial dissolution of the entity.

Co-Owner Financial Deadlock

The situation: You co-own a property, and the other owner has stopped paying their share of the mortgage, taxes, or insurance. You are forced to cover 100% of the carrying costs to protect your credit and prevent foreclosure. The other owner refuses to sell, refuses to buy you out, and refuses to contribute — but also refuses to leave.

The solution: A partition action not only forces the sale but also allows you to recover your disproportionate payments through contribution credits. Every dollar you paid above your ownership share comes back to you from the other owner's portion of the sale proceeds.

The Legal Foundation: Florida Statutes Chapter 64

Partition actions in Florida are governed by Chapter 64 of the Florida Statutes. Understanding these statutes is essential because they dictate where you file, what your complaint must contain, and how the court will handle your case.

• What it is: The court physically divides the property into separate parcels, with each owner receiving their own piece of land.
• When it applies: Partition in kind is generally limited to undeveloped land or large rural parcels that can be divided without destroying their value. For example, a 100-acre farm might be split into two 50-acre parcels.
• Why it's rare in South Florida: You cannot physically divide a house, condominium, or urban lot. Cutting a single-family home in half is not feasible. For this reason, partition in kind is almost never ordered in Miami-Dade, Broward, or Palm Beach counties.

Partition by Sale (The Standard)

What it is: The court orders the property sold — either through a private sale overseen by a Special Magistrate or at public auction — and the proceeds are divided among the owners.

When it applies: Partition by sale is the default remedy for all residential properties, condominiums, townhomes, and commercial buildings. It is what you should expect in virtually every South Florida partition case.

How the sale typically works from filing through closing:

3. The court appoints a Special Magistrate (a neutral attorney) to oversee the sale.
4. The Special Magistrate typically hires a real estate broker to list and market the property.
5. Once sold, the proceeds pay off any mortgages, liens, and court costs.
6. The remaining equity is distributed to the owners based on their shares and credits.

How Long Does a Partition Action Take in Florida?

One of the most common questions we receive is: "How long will this take?" The honest answer is that most partition actions in South Florida resolve in 6 to 12 months. However, contested cases or those with complex accounting issues may take 12 to 18 months. 

Here is a realistic breakdown of the partition lawsuit timeline:

Phase 1: Pre-Suit (Weeks 1–2)

Demand letter. Before filing, we send a formal demand to the other owners offering a chance to resolve the matter privately — either through a voluntary sale or a buyout. This step is strategic: it creates a paper trail showing you attempted to resolve the dispute, which strengthens your position on fees.

Phase 2: Filing and Service (Weeks 2–5)

Complaint and lis pendens. We file the partition complaint and simultaneously record a lis pendens — a public notice that the property is subject to litigation. The lis pendens prevents the other owner from selling or refinancing the property without your knowledge. All defendants must then be served with the lawsuit.

Phase 3: Answer Period (20 Days After Service)

Response deadline. The other owners have 20 days to file an answer to the complaint. Many defendants do not contest the partition itself — instead, they dispute the accounting (who paid what). If no answer is filed, you can move toward default judgment.

Phase 4: Discovery (Months 2–6)

Gathering evidence. This phase involves exchanging documents, interrogatories, and depositions. The focus is typically on financial records: mortgage payments, tax payments, insurance, repairs, and rental income. Discovery length depends on how cooperative (or obstructionist) the other side is.

Phase 5: Mediation (Months 4–7)

Court-ordered settlement conference. Most Florida courts require mediation before trial. This is often where partition cases settle. The parties may agree to list the property for sale voluntarily, negotiate a buyout, or resolve accounting disputes. Mediation can significantly shorten the overall timeline.

Phase 6: Summary Judgment (Months 6–9)

Asking the court to rule without trial. Because the right to partition is nearly absolute, many cases are resolved on summary judgment. If there is no genuine dispute that you are a co-owner and are entitled to partition, the court can order the sale without a full trial.

Phase 7: Appointment of Special Magistrate (Months 7–10)

Overseeing the sale. Once partition is ordered, the court appoints a Special Magistrate to manage the sale process. The Magistrate hires a broker, oversees showings, reviews offers, and reports back to the court.

Phase 8: Sale and Distribution (Months 9–12)

Closing and payout. The property is sold, the mortgage and liens are paid, and the net proceeds
are distributed according to the court's judgment. Credits and debits are applied, and each owner receives their final share.

Key takeaway: Most partition actions in Miami-Dade and Broward counties settle at mediation or are resolved through summary judgment. Full trials are rare. If the other side is cooperative, resolution can occur in as little as 6 months.

How Much Does a Partition Action Cost in Florida?

Cost is a legitimate concern, and we believe in transparency. Here is a realistic breakdown of partition action costs:

Third-Party Costs

Third-party costs in a partition action typically exceed $2,000. These costs include court filing fees, service of process fees, recording fees for the lis pendens, potential deposition costs, and other litigation expenses that arise during the case.

Attorney Fees

Attorney fees vary based on case complexity. For a straightforward partition with cooperative parties, fees may range from $5,000 to $10,000. Contested cases with significant discovery, depositions, and accounting disputes can range from $10,000 to $15,000+.

Special Magistrate Fees

The court-appointed Special Magistrate charges for their services, typically calculated as a percentage of the sale price or an hourly rate. These fees are paid from the sale proceeds before distribution.

The Critical Point: Fee Recovery

Key fee principles that often apply in Florida partition cases:

• Shared responsibility for costs under F.S. 64.081, with attorney fees and costs in partition actions paid from the sale proceeds and allocated among the parties.
• Reduced out-of-pocket burden because you do not necessarily pay your fees out of pocket at closing.
• Court discretion on allocation as the court allocates fees based on each party's interest and the benefit of services
  rendered.

The party who obstructed the partition — who refused reasonable offers, delayed discovery, or forced unnecessary litigation — often bears a disproportionate share of costs. In practice, the co-owner who was blocking the sale frequently ends up paying a significant portion of everyone's legal fees out of their share of the equity.

Getting Your Fair Share: The Accounting Phase

A partition action is not just about forcing a sale — it is about ensuring you receive your fair share of the proceeds. Florida courts sit in equity, meaning the final distribution is adjusted based on what each party actually contributed to the property. This is called the accounting phase, and it is where cases are often won or lost.

Contribution Credits: Recovering What You Paid

If you paid more than your ownership share toward the property's expenses, you are entitled to contribution credits. These credits are deducted from the other owner's share and added to yours before the final distribution.

Expenses Eligible for Contribution Credits:

• Mortgage payments — both principal and interest
• Property taxes and special assessments
• Homeowners insurance premiums
• HOA or condo association fees
• Necessary repairs — roof replacement, plumbing, HVAC, structural repairs
• Down payment contributions — if you paid more at purchase

What Does NOT Qualify:

• Elective improvements — cosmetic upgrades, landscaping, remodeling projects that were not necessary to preserve the property
• Personal use expenses — if you were living in the property, your "rent equivalent" may offset some contribution claims

Example Calculation:

Assume a property sells for $400,000 with $100,000 remaining on the mortgage. After paying off the mortgage, there is $300,000 in equity. You and your co-owner each own 50%.

However, over the past three years, you paid $36,000 in mortgage payments while your co-owner paid nothing. Your contribution credit is $18,000 (50% of the $36,000 you overpaid). The distribution:

• Your share: $150,000 + $18,000 credit = $168,000
• Co-owner's share: $150,000 − $18,000 = $132,000

The Ouster Credit: When You Were Locked Out

If your co-owner has had exclusive possession of the property and denied you access, you may be entitled to an ouster credit. This is essentially back rent — compensation for being excluded from property you partially own.

How Ouster Works:

Under Florida law, all co-owners have equal rights to possess and use the property. If one co-owner "ousts" the other — changes the locks, refuses entry, or otherwise excludes them — the ousted owner is entitled to 50% of the fair market rental value for the period of exclusion.

Example:

Your co-owner has been living in your jointly owned property for 2 years and refused to let you in. The fair market rent is $2,500 per month. Your ouster credit is: 24 months × $2,500 × 50% = $30,000

This $30,000 is deducted from your co-owner's share of the proceeds and added to yours.

Proving Ouster:

To recover an ouster credit, you must demonstrate that you were actually excluded — not that you simply chose not to visit. Evidence includes:

• Text messages or emails showing you were denied access
• Evidence the locks were changed
• Witness testimony
• Police reports (if you attempted to enter and were turned away)

The Evidence Strategy: Why Financial Records Win Cases

The party with the best documentation wins the accounting battle. If you cannot prove you made a payment, the court may not credit it to you.

Documents You Need:

• Bank statements showing payments from your personal account
• Cancelled checks or payment confirmations
• HUD-1 or Closing Disclosure from the original purchase (showing down payment contributions)
• Receipts and invoices for repairs and improvements
• Tax records showing property tax payments
• Insurance declarations showing premium payments

Florida's Statute of Frauds makes verbal agreements about property difficult to enforce. Every communication with your co-owner about the property should be in writing — email, text message, or certified mail. If your co-owner refused to pay for a necessary repair, that saved text message becomes vital evidence of bad faith.

Can a Partition Action Be Stopped?

The short answer: rarely. The right to partition is considered nearly absolute under Florida law.
Courts are reluctant to force people to remain in unwanted co-ownership. That said, there are limited defenses that may apply in specific circumstances:

Defense 1: Waiver by Agreement

If the co-owners signed a written agreement waiving their right to partition, the court may enforce that waiver. This sometimes occurs in co-ownership agreements, partnership agreements, or prenuptial agreements. However, the waiver must be clear and unambiguous.

Defense 2: Estoppel

If a co-owner made representations or engaged in conduct that led the other owners to reasonably believe partition would not occur — and the other owners relied on that to their detriment — the court may apply estoppel. This is a fact-intensive defense and rarely succeeds.

Defense 3: Homestead Complications

Florida's homestead laws can complicate partition when the property is a surviving spouse's primary residence or when minor children are involved. Homestead does not prevent partition, but it may affect how and when the property can be sold.

Defense 4: Heirs Property Act Protections

Florida adopted the Uniform Partition of Heirs Property Act in 2020. For inherited "heirs property," the Act provides additional protections, including:

• A court-ordered appraisal to determine fair market value
• The right of co-owners to buy out the party seeking partition at the appraised value
• Requirements for open-market sale rather than forced auction

These protections do not stop partition — they ensure the process is fair and the property is not sold at a steep discount.

The Reality

True defenses to partition are rare. In most cases, the question is not whether the property will be partitioned but how the proceeds will be divided. If you are facing a partition action, focus on protecting your accounting position, not on trying to stop the inevitable.

Critical Distinction: Partition vs. Judicial Dissolution

This is one of the most common mistakes we see: filing a partition action when the property is owned by an LLC, corporation, or partnership. Filing the wrong action can result in dismissal and wasted time and money.

When to File a Partition Action (Chapter 64)

Partition applies when individuals own property directly — their names are on the deed as tenants in common, joint tenants, or some other form of co-ownership.

When to File for Judicial Dissolution (Chapter 605 or 607)

If an LLC owns the property, you cannot partition the property. Instead, you must file for judicial dissolution of the LLC under Chapter 605. For corporations, the relevant statute is Chapter 607. Judicial dissolution is a more complex process:

• The court must "wind up" the entire business entity
• Creditors must be paid before equity is distributed
• The property sale is just one part of the overall dissolution

Key takeaway: Before filing, confirm how the property is titled. If an entity owns the property, contact us about judicial dissolution options.

How a Miami Real Estate Lawyer Can Help

Working with a law firm that understands both Florida partition law and the broader real estate landscape in Miami can make the process far less stressful. A Miami real estate lawyer can evaluate your ownership documents, review communications between co-owners, and explain how local court procedures in the Eleventh Judicial Circuit may affect the timing and strategy of your case. With that guidance, you can decide whether to move forward now, attempt a negotiated resolution, or take steps to strengthen your position before filing.

Beyond filing the lawsuit, we can coordinate with real estate brokers, appraisers, and accountants so you are not managing those pieces alone while also dealing with a contested property. We help you understand how a partition action may interact with other issues such as probate in the Miami-Dade County Probate Division, pending foreclosure actions, or landlord-tenant disputes related to the same property. Our role is to give you clear, practical advice so you can make informed decisions about a high-value asset instead of reacting under pressure.

Schedule a Free Consultation | Call (888) 218-4125