Miami-Dade Partition Attorney: Forcing the Sale of Jointly Owned Property

When co-owners of Miami-Dade County real estate cannot agree on whether to sell, manage, or maintain a property, Florida law provides a solution. A partition action allows any co-owner regardless of their ownership percentage — to force the sale of jointly owned property through
the court system.

At Revah Law, we represent property owners throughout Miami-Dade County in partition actions. Whether you inherited property with siblings who refuse to cooperate, broke up with a partner who won't agree to sell, or have a business relationship that has deteriorated, we can help you exit the co-ownership and recover your share of the equity.

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

What Is a Partition Action?

A partition action is a lawsuit filed under Florida Statutes Chapter 64 to divide or sell real estate owned by two or more people. In Miami-Dade County — where properties are valuable and cannot be physically divided — partition actions almost always result in a court-ordered sale of
the property.

The key principle: The right to partition is nearly absolute under Florida law. If you own any share of a property, you have the legal right to force a sale. The other co-owners cannot block you simply by refusing to cooperate. For comprehensive information about the partition process, timelines, costs, and accounting credits, see our Complete Guide to Florida Partition Actions. 

Where Are Miami-Dade Partition Cases Filed?

Under F.S. 64.022, partition lawsuits must be filed in the county where the property is located.
For properties in Miami-Dade County, cases are filed in the Eleventh Judicial Circuit Court of Florida.

Miami-Dade Circuit Court Information

Location: Miami-Dade County Courthouse
Address: 73 W Flagler Street, Miami, FL 33130
Circuit: Eleventh Judicial Circuit

The Eleventh Circuit is one of the busiest court systems in Florida. Having an attorney who regularly practices in Miami-Dade courts and understands local procedures can significantly impact how efficiently your case moves through the system.

Common Partition Scenarios in Miami-Dade County

Inherited Property in Miami

Miami-Dade County has a high concentration of family-owned properties passed down through
generations. When a parent dies and leaves a home to multiple children, disagreements are
common. Any heir who owns a share can file a partition action. If one sibling has been living in
the property and excluding others, the excluded heirs may be entitled to ouster credits (50% of
fair market rental value for the exclusion period).

Unmarried Couples Separating

Miami's real estate market has seen countless unmarried couples purchase property together.
When the relationship ends, the property becomes a point of contention. Unlike married couples
who can address property division through divorce court, unmarried co-owners must use the
partition process.

Investment Property Disputes

Miami-Dade County's strong real estate market attracts investors who often purchase properties
together. When investment partners have a falling out, a partition action may be the only way to
resolve the deadlock.

Important: If the investment property is owned by an LLC or corporation rather than individual names, partition does not apply. You would need to pursue judicial dissolution of the entity instead.

The Partition Process in Miami-Dade County

Typical Timeline

Most partition actions in Miami-Dade County resolve in 6 to 12 months, though contested cases
may take longer.

Costs in Miami-Dade County

• Third-party costs: Typically over $2,000
• Attorney fees: $5,000-$15,000+ depending on complexity
• Special Magistrate fees: Paid from sale proceeds

Under F.S. 64.081, attorney fees and costs are paid from the sale proceeds and allocated
among the parties. The co-owner who obstructed the sale often bears a disproportionate share
of the costs.

Areas We Serve in Miami-Dade County

We handle partition actions for properties located throughout Miami-Dade County, including:
Miami (Downtown Miami, Little Havana, Wynwood, Brickell, Coconut Grove), Miami Beach,
Coral Gables, Hialeah, Homestead, Kendall, Doral, North Miami, Key Biscayne, Cutler Bay,
Miami Lakes, and Miami Springs.

Why Choose Revah Law for Your Miami-Dade Partition Case

We regularly practice in the Eleventh Judicial Circuit. We understand Miami-Dade's local rules, court procedures, and the most efficient paths to resolution. We prepare every partition case as
if it's going to trial, creating leverage in negotiations.

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