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Originally published: March 2025 | Updated: November 2025 | Reviewed by Kim Torres
Joint property ownership in Florida often leads to tough situations when co-owners can’t agree on selling, maintaining, or managing shared property.
Under Chapter 64 of the Florida Statutes, any co-owner may legally file a partition action to divide or sell the property — even if others object.
This process gives each owner a clear legal exit while protecting their financial rights and ensuring fair treatment under Florida law.
The court may order a physical division, a forced sale, or a mutual agreement, depending on what’s most practical for the property and the parties involved.
The process typically starts when a co-owner files a complaint in circuit court. The complaint must include details about all co-owners and their ownership interests.
Property owners can choose between three types of partition actions: physical division, sale of the entire property, or division by agreement. Each option has distinct requirements and consequences for all parties involved.
A partition action is a court process that allows any Florida co-owner to compel a fair division or sale of jointly owned real estate when the agreement breaks down.
The court will either physically divide the property (partition in kind) or order a sale and distribute proceeds based on ownership shares.
This legal tool helps resolve disputes between family members, business partners, or any joint property owners.
Florida’s partition rules (Chapter 64) let co-owners ask a circuit court to resolve deadlocks over jointly held real estate.
The judge evaluates whether partition in kind (physical division) is feasible; if not, the court orders partition by sale and allocates sale proceeds to owners according to their legal shares.
Partition in kind divides the land physically among owners; partition by sale converts the whole property to cash and splits the proceeds among owners.
Two main types of partition exist:
Any co-owner has the legal right to file for partition, regardless of ownership percentage. The court will consider all owners’ interests and circumstances when making decisions.
Partition actions commonly arise in inherited property disputes, business breakups, or when a co-owner refuses to sell.
Courts try to preserve value and fairness—often encouraging mediation or buyouts before forcing a public sale—so families and partners can sometimes resolve the issue without lengthy litigation.
Common partition situations often involve inherited property, with siblings disagreeing on what to do with a family home. One sibling might want to sell, while another wishes to keep the property.
Business partnerships can face similar challenges. For example, when one partner wants to sell a commercial property, others prefer to maintain ownership.
The court recognizes these emotional situations and tries to find fair solutions. Sometimes, mediation helps co-owners reach agreements before a forced sale becomes necessary.
A judge may order property maintenance payments or rental income sharing while the partition process moves forward.
Facing tension over shared property or inherited real estate? Torres Mediation Services helps Florida co-owners reach fair property agreements without going to court. Contact us today to explore mediation before filing a partition action.
If you’re ready to get started, call us now!
Chapter 64 of the Florida Statutes gives any co-owner a legal route to exit unwanted co-ownership by asking a court to divide or sell the property—protecting minority and majority owners alike and creating a predictable legal framework for resolving disputes.
This statute ensures that every owner—no matter how small their share—has a fair opportunity to separate their interest and receive equitable compensation.
Knowing partition rights matters because it prevents indefinite shared ownership, preserves financial value, and sets expectations for cost sharing and remedies.
Early awareness helps owners consider mediation, buyouts, or settlement terms before expensive court proceedings begin.
The statute protects owners from being forced to maintain unwanted co-ownership arrangements. Each owner can exit the property relationship through legal means.
Property owners must understand that partition rights cannot be taken away – even if other co-owners object to selling or dividing the property.
Chapter 64 structures who pays what during partition: courts typically apportion filing fees, appraisal costs, and attorney fees according to ownership shares, but may adjust allocations for bad-faith conduct. The statute and local rules also incentivize mediation to reduce time and cost.
This structure prevents prolonged disputes, reduces financial strain, and protects property interests for all involved.
Legal costs are typically shared between all property owners, making the process more financially manageable. This shared responsibility encourages fair negotiations.
The courts can order either a physical division of the property or a sale, with the proceeds divided among the owners. This flexibility helps ensure the most practical solution for each situation.
Mediation and settlement discussions are encouraged throughout the process, which can reduce legal expenses and preserve relationships between co-owners.
Chapter 64 governs partition proceedings in Florida circuit courts, prescribing requirements for complaints, notice rules, valuation procedures, and remedies (division or sale).
It applies statewide to residential, commercial, and heir property, subject to special homestead protections and statutory exceptions.
This law applies to residential, commercial, and inherited real estate, providing a consistent framework for resolving ownership disputes across Florida.
The Florida partition statute is found in Chapter 64 of the Florida Statutes. The law has evolved to address modern challenges in property ownership while maintaining traditional principles of property rights.
The statute balances the preservation of property rights with fair division when co-owners cannot agree. This legal framework helps prevent prolonged disputes and ensures equitable treatment.
Courts have refined these laws through numerous cases, establishing clear precedents for handling different types of partition situations.
Understanding these terms helps property owners interpret Florida’s partition laws correctly and navigate the court process with confidence.
Joint Tenants: Co-owners who share equal rights to the entire property.
Partition in Kind: Physical division of property among owners.
Partition by Sale: Court-ordered sale of property with proceeds divided among owners.
The partition process requires specific legal documents:
Florida’s partition statute applies to nearly all types of co-owned real estate, including residential homes, commercial buildings, and inherited properties. Any co-owner—regardless of their ownership percentage—can request partition through the courts.
The statute applies to various property types:
Property partition rights extend to any co-owner, regardless of their ownership percentage. Each owner can request a partition without the consent of the other owners.
The Uniform Partition of Heirs Property Act provides special protections for heirs’ property. This section helps preserve family property rights while ensuring fair treatment.
Courts consider practical factors, such as property use and physical characteristics, when deciding between partition in kind and sale.
Facing co-owner disputes? Torres Mediation Services offers professional real estate mediation to help you resolve conflicts without costly court battles. Schedule a consultation today to protect your property rights.
If you’re ready to get started, call us now!
Chapter 64 of the Florida Statutes details how courts handle shared property when co-owners disagree. It defines procedures, rights, and obligations for dividing, selling, or valuing co-owned real estate in Florida.
Florida’s partition laws establish clear guidelines for dividing property when multiple owners can’t agree.
These rules protect the interests of all parties while providing a legal path to resolve ownership disputes.
Chapter 64 of the Florida Statutes defines how co-owners can legally divide shared property. The law applies to both residential and commercial real estate.
Co-owners can force a property sale through partition, even if other owners object. This applies to property held as:
When dividing property, the court must consider the fair market value and existing liens. Special rules apply to homestead properties, which have additional protections under Florida law.
Florida’s partition process begins when one co-owner files a complaint for partition with the circuit court.
The court then determines ownership interests, decides whether physical division or sale is practical, and may order mediation before proceeding to trial.
This ensures fairness and compliance with Chapter 64 at every stage.
The court then follows specific steps:
A judge may appoint commissioners to assess the property’s value. Each owner receives proceeds based on their ownership percentage.
The court can order mediation before proceeding to trial. This gives owners a chance to reach an agreement without full litigation.
Each co-owner has equal access rights to the entire property. They must share maintenance costs and property taxes in proportion to their ownership shares.
Co-owners can:
They cannot:
The law requires owners to act in good faith toward each other throughout the partition process.
A partition action in Florida begins when one or more co-owners ask the court to divide or sell shared property fairly.
The process includes filing a legal complaint, notifying all co-owners, exploring mediation, and—if no agreement is reached—allowing the court to order a sale or physical division based on what’s most equitable.
In Florida, co-owners must file a partition complaint in circuit court, list all owners, and provide details about the property. The judge then determines if the property can be divided or must be sold.
The process starts when a co-owner files a formal legal complaint with the court. The complaint must include property details, the names and addresses of all owners, and each owner’s ownership share.
Depending on the county court, filing fees typically range from $400 to $900. The plaintiff must serve all co-owners with legal notice of the action.
Before proceeding, the court verifies that the property qualifies for partition. Some properties, like certain homestead properties with special protections under Florida law, may have restrictions.
The court often requires mediation before moving forward with litigation. This step helps save time and money while maintaining relationships between co-owners.
During mediation, a neutral third party helps owners reach voluntary agreements about:
If mediation fails, the case proceeds to court. The judge examines property title documents, appraisal reports, expert testimony, and financial records.
Florida recognizes two possible outcomes for partition actions. Partition in kind divides the property physically among owners, while partition by sale requires the entire property to be sold and profits distributed.
Courts decide based on property type, value, and practicality.
Partition by sale occurs when physical division isn’t practical. The court orders the property sold, and owners receive shares of proceeds based on their ownership percentages.
The court considers these factors when choosing between methods:
Most urban residential properties end up with partition by sale since physical division often reduces total property value.
| Step | Typical Time | Typical Cost (range, USD) |
| Filing (Complaint, service, initial court fees) | 1–4 weeks (to file, serve, and obtain case number) | $400 – $1,200 (court filing + service + admin) |
| Mediation / Early Settlement | 2–12 weeks (depends on scheduling and number of sessions) | $500 – $3,000 (mediator fees; usually shared) |
| Appraisal & Valuation | 2–6 weeks (inspection, report, delivery) | $500 – $1,500 (neutral appraisal; complex valuations cost more) |
| Trial / Final Sale Process (if contested) | 6–12+ months (court scheduling, appeals extend timeline) | $5,000 – $30,000+ (attorney fees, experts, sale costs) |
Struggling to decide whether to sell or divide your property? Torres Mediation Services helps Florida co-owners make fair, stress-free decisions before filing for partition. Schedule a mediation session today to explore your best options.
If you’re ready to get started, call us now!
The costs of a partition action in Florida are shared among co-owners in proportion to their ownership percentages. These include court filing fees, attorney costs, property appraisals, and administrative expenses.
Proper cost-sharing ensures fairness and prevents one party from bearing an unfair financial burden during the process.
Each co-owner typically pays their proportional share of partition-related expenses, including legal, appraisal, and court costs. Courts can adjust costs based on fairness or bad faith conduct.
Legal representation is essential in partition cases. The Florida partition statute requires all parties to share attorney fees based on their ownership interest in the property.
Most attorneys charge hourly rates ranging from $250 to $500 for partition cases. Complex disputes with multiple parties can significantly increase these costs.
Some law firms offer contingency fee arrangements, especially when a property sale is expected. These typically range from 20% to 33% of the recovered amount.
Filing fees for partition actions in Florida courts typically range from $400 to $900, depending on the county and property value.
Additional administrative costs include:
Proper documentation and court approval can recover property expenses and costs. Co-owners who paid more than their fair share for maintenance or improvements may receive compensation.
The court considers several factors when dividing costs:
Parties who acted in bad faith or caused unnecessary delays may be ordered to pay a larger share of the costs.
Co-owners should consider mediation, gather documents early, and communicate clearly before filing a partition action to save money and preserve relationships.
Property co-owners can save time and money by making smart decisions before and during partition actions. Taking the right steps helps protect everyone’s interests and leads to better outcomes.
Co-owners should consider filing a partition action when communication breaks down or they can’t agree on property decisions.
Signs that indicate it’s time to pursue partition:
Before turning to court, try resolution through mediation. It’s faster, private, and often preserves family and business relationships.
Many Florida property owners discover that a mediated agreement saves thousands in legal fees and prevents the emotional strain of courtroom battles.
Partition actions can be expensive, but several methods help reduce costs.
Cost-saving approaches:
Hiring one neutral appraiser instead of multiple competing ones saves money. Getting organized early helps reduce attorney hours and associated fees.
Co-owners should gather important documents before starting the partition process:
Creating a timeline of essential property events helps attorneys better understand the situation. Each owner should make copies of all documents and store them safely.
Getting professional advice early helps avoid costly mistakes. Having realistic expectations about timelines and potential outcomes makes the process smoother.
The Florida Partition Statute ensures that every property co-owner has a fair path to separate their interest when disagreements arise.
Whether through a court-ordered sale or a negotiated settlement, the law provides balance and protection for everyone involved.
Property owners can choose between physical division or partition by sale. The courts aim to distribute property or proceeds fairly among all parties involved.
Professional legal guidance can help navigate the complexities of partition actions. Working with an experienced attorney ensures proper complaint filing and protection of legal rights throughout the process.
Mediation often provides a less stressful alternative to court proceedings. Co-owners who communicate openly and work together may find mutually beneficial solutions without lengthy legal battles.
The partition process safeguards everyone’s interests while providing clear paths to resolution. Whether through negotiation or court intervention, Florida law ensures fair treatment for all property co-owners.
Are you ready to settle property disputes peacefully? Torres Mediation Services provides trusted family mediation to simplify partition conflicts and preserve relationships. Book your consultation today!
What steps are involved in filing a partition action in Florida?
To start a partition action, file a Complaint for Partition in the circuit court, listing all owners and their shares. The court verifies ownership, considers mediation, and may order a sale or division depending on what’s most practical.
Who pays for the costs of a partition action?
All co-owners share legal fees, court filing costs, and appraisal expenses in proportion to their ownership shares. Courts may shift costs if one party acted in bad faith or refused mediation.
Can family members force the sale of inherited property in Florida?
Yes. Under the Uniform Partition of Heirs Property Act, any heir can petition to sell inherited property. The law protects family rights by giving co-heirs the first opportunity to buy out other co-heirs before a public sale.
What is the difference between partition in kind and partition by sale?
Partition in kind physically divides property, while partition by sale liquidates the property and distributes the proceeds. Most urban or residential properties result in partition by sale due to space or zoning limits.
How long does a partition action take in Florida?
Most partition cases take 6–12 months, depending on court schedules, mediation success, and property complexity. Contested cases involving multiple owners or liens may take longer.
Can mediation resolve property disputes before filing a partition case?
Yes. Mediation often leads to voluntary buyouts or settlement agreements that avoid litigation. Torres Mediation Services helps co-owners negotiate outcomes that save time, money, and stress.
What happens if one co-owner refuses to cooperate?
If a co-owner refuses to participate, the case continues without them. The court can issue a default judgment, ordering division or sale, and allocate costs accordingly.
How does the Florida Partition Statute protect property owners?
The statute ensures that no co-owner is forced into indefinite shared ownership. It gives every party equal opportunity to separate interests, maintain fairness, and receive compensation for their share.