Florida Partition Action Guide: How to Divide or Sell Joint Property

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TRAVIS R. WALKER, P.A.

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Florida Partition Action

Real Estate Partition Under Florida Statutes Chapter 64

📋 File Complaint for Partition

Any co-owner (tenant in common, joint tenant, or coparcener) may file in circuit court where the property is located. Complaint must describe property, identify all co-owners, state plaintiff’s interest, and request partition. F.S. 64.031.
Venue: County where property is located

📨 Service of Process & Lis Pendens

Serve all co-owners and lienholders. Record a lis pendens in the public records to put third parties on notice of the pending action. This clouds title and prevents transfers during litigation. Publish within 60 days of Letters

⚖️ Interlocutory Judgment

Court enters interlocutory judgment determining: (1) the rights and interests of each party, (2) whether partition in kind is possible, and (3) if not, ordering sale. Court appoints commissioners to evaluate property. F.S. 64.061.

👥 Commissioners Appointed

Court appoints three disinterested freeholders as commissioners. They take an oath and are empowered to divide the property (partition in kind) or recommend sale if division is impractical. F.S. 64.061.

Due: 60 days from Letters

📐 Partition in Kind

Commissioners survey and physically divide property into parcels equal to each owner's interest
If parcels cannot be equal value, owelty (cash payment) ordered to equalize shares
Commissioners file report with proposed division and any owelty amounts
Court reviews report; parties may file objections within time set by court
If approved, court enters final judgment confirming division. Deeds issued to each owner.

💰 Partition by Sale

Court determines sale is necessary because physical division would: (a) be impractical, or (b) result in material injury to parties
Court orders public or private sale. May appoint special master or direct clerk to conduct sale.
Sale conducted per court order. Any party may bid. Court may set minimum bid or reserve.
Court confirms sale and orders distribution of proceeds according to ownership interests
Liens and encumbrances paid from proceeds. Remainder distributed to co-owners pro rata.

📄 Final Judgment of Partition

Court enters final judgment confirming partition (whether by division or sale). Judgment is binding on all parties and their successors. Addresses attorney’s fees and costs allocation. F.S. 64.081.

💵 Accounting & Distribution

Court may order accounting for rents, profits, taxes, and improvements paid by any party. Adjustments made to final distribution. Party who paid more than their share receives credit; party who received rents owes accounting.

✓

Partition Complete

Co-Ownership
Terminated

📌 Key Florida Probate Information

Absolute Right to Partition

Every co-owner has an absolute right to partition. Courts cannot deny partition, only determine the method (in kind vs. sale). No showing of “good cause” required. F.S. 64.031.

Heirs Property Protection

Florida adopted the Uniform Partition of Heirs Property Act (F.S. 64.201-.206). Provides additional protections for inherited family property including appraisal requirements and buyout rights.

Partition in Kind Preference

Courts prefer partition in kind (physical division) over forced sale. Sale ordered only when division is impractical or would cause material prejudice to the parties.

Owelty Payments

When physical division results in unequal parcels, court can order owelty—a cash payment from party receiving more valuable parcel to equalize shares.

Attorney’s Fees

Attorney’s fees and costs typically paid from proceeds before distribution, charged against each party’s share proportionally. Court has discretion on allocation. F.S. 64.081.

Improvements & Contributions

Party who made improvements or paid taxes/mortgage beyond their share entitled to credit or setoff in final accounting. Must be raised during litigation.

TRAVIS R. WALKER, P.A.