Florida Partition Action: How Co-Owners Force a Property Sale

By Emanuel Greco, Licensed FL Real Estate Professional · Updated July 2026

When co-owners of a Florida property can't agree on what to do with it — sell it, keep it, divide it — any one of them can file a partition action in circuit court. Florida courts give co-owners an absolute right to partition. No co-owner can permanently trap another in unwanted joint ownership of real property. Partition actions are common in divorce proceedings, inherited property disputes, and failed investment partnerships.

Who Has the Right to Partition in Florida

Florida Statute §64.011 gives any tenant in common or joint tenant the right to file for partition. This includes:

• Siblings who inherited a parent's home and disagree on selling
• Business partners who jointly purchased an investment property
• Unmarried couples who co-bought a home and are now separating
• Divorced spouses (though marital home is usually handled in divorce court)
• Heirs of an estate who disagree about disposing of real property

Exception — Tenancy by the Entirety: Married spouses who hold title as tenants by the entirety (TBE) cannot unilaterally partition the property — both spouses must consent. TBE is a special form of joint ownership available only to legally married couples in Florida, and it gives each spouse a right of survivorship and protection from the other's individual creditors.

Two Types of Partition in Florida

Partition in Kind (Physical Division)

The court physically divides the property among co-owners. Each party receives a portion of the real estate. This is feasible for raw land or large agricultural tracts but is almost never practical for residential properties — courts won't split a single-family home into pieces. Florida courts strongly prefer partition in kind over a forced sale when physically feasible.

Partition by Sale (Forced Sale)

When physical division is impractical (which is almost always the case for a house), the court orders the property sold at public auction or through a court-supervised private sale. Proceeds are divided among the co-owners proportional to their ownership interest, minus costs and offsets (see below).

The Florida Partition Lawsuit Process

1. File the complaint: The party seeking partition (plaintiff) files in the circuit court of the county where the property is located. The complaint names all co-owners as defendants.
2. Service of process: All co-owners and lienholders must be properly served. Mortgagees and judgment lien holders must be named.
3. Interlocutory decree: The court issues an interlocutory (preliminary) order confirming each party's ownership interest and ordering partition.
4. Sale or division: The court appoints a Special Master or Commissioner to oversee the sale. The property is advertised and sold.
5. Accounting: The court conducts an accounting of credits and offsets (improvements, mortgage payments, taxes paid, rental income received by one co-owner, etc.).
6. Distribution: Proceeds are distributed to the parties per their ownership interest, minus court costs, attorney's fees, and any offsets owed.

Credits and Offsets in a Florida Partition

Before dividing proceeds, the court may award credits or charge offsets to individual co-owners for:

• Improvements: A co-owner who paid for major improvements (new roof, addition) may be credited their proportional contribution beyond their ownership share
• Mortgage payments: If one co-owner paid more than their share of mortgage payments, they may receive a credit
• Property taxes and insurance: Same logic applies
• Rental income: If one co-owner collected rent without sharing it, the court may offset their share of proceeds accordingly
• Occupancy: In some cases, a co-owner who exclusively occupied the property may owe "rent" to the non-occupying co-owners — Florida courts have discretion here

Alternatives to Partition Litigation

Partition lawsuits are expensive and time-consuming. Before filing, consider:

• Buyout: One co-owner buys out the other(s) at fair market value — avoids the court and preserves more of the property's value (no forced-sale discount)
• Mediation: Florida requires mediation in most civil cases before trial. Even without court involvement, mediation can resolve co-ownership disputes at a fraction of the cost of litigation
• Voluntary sale: All co-owners agree to list the property and divide proceeds — eliminates court supervision costs
• Co-ownership agreement: Going forward, any co-purchase of real estate should include a written co-ownership agreement specifying what happens if owners disagree. This can be an LLC operating agreement, a tenancy-in-common agreement, or a co-buyer agreement — enforceable in Florida courts

Florida's Uniform Partition of Heirs Property Act (UPHPA)

Florida adopted the Uniform Partition of Heirs Property Act (effective July 2020 under §64.2201 et seq.) specifically to protect families from predatory partition actions involving inherited property — often targeting minority and low-income families who own land that appreciates dramatically. Under this act:

• Co-owners who did not initiate the partition action have a right of first refusal to buy out the petitioner's interest at appraised value before the property goes to a forced sale
• Courts are required to consider whether partition by sale or partition in kind better serves the co-owners' interests under a broader set of factors
• The court must appoint an independent appraiser to value the property

This act significantly changed how inherited property partition works in Florida and gives families more tools to keep property out of a forced public auction.

Tax Implications of a Partition Sale

A court-ordered partition sale is treated as a taxable sale by the IRS and Florida. Each co-owner may owe capital gains tax on their share of the proceeds above their basis. The holding period and basis of each co-owner may differ depending on how they acquired their interest (purchase, inheritance, gift). Consult a CPA before or during partition proceedings.