Florida Partition Actions: How to Force the Sale of Property

Do you jointly own property in Florida, but things aren’t going so well? Maybe it’s a piece of land you inherited with a sibling, or a house you bought with an ex. Now one of you wants to sell and the other refuses. This is exactly the type of situation where a Partition Action in Florida can help.

As Florida attorneys, we have helped many clients navigate these cases. While it may sound complicated, the concept is pretty straightforward: if co-owners can’t agree, the court can step in.

What’s a Partition Action?

Simply put, a Partition action is a legal way to force the sale or division of property when co-owners can’t agree. If you and someone else both own a property — and one of you wants to sell, but the other doesn’t — the court can step in and make the decision for you. Under Florida law, any legal co-owner of real estate has the right to ask the court to partition the property, whether they own 10% or 90%.

But What If I Paid More Than the Other Owner?

If one party can show they paid more than their fair share toward the property, the court can adjust the final distribution to reflect that. Florida courts consider unequal contributions when dividing proceeds in a Partition action. This includes who paid the mortgage, property taxes, insurance, repairs, and improvements, as well as whether one owner had exclusive use of the property. So, while ownership may be legally split 50/50, the financial outcome doesn’t have to be if you can prove you invested more than your co-owner.

Do I Need an Attorney for a Partition Action?

Technically, you can file a Partition action on your own, but in reality, you probably shouldn’t. These are civil lawsuits handled in circuit court. Like any lawsuit, they come with procedural rules, deadlines, and legal complexities. Further, emotions often run high, especially in cases involving family, inheritance, or breakups, and the person who doesn’t want to sell may fight hard to stop it.

Hiring a Florida Partition attorney can help:

• Protect your financial and legal interests
• Handle the court filings, service of process, and negotiations
• Speed up the process and reduce conflict
• Ensure any sale or distribution is handled properly

Common Scenarios for Partition Lawsuits

Partition actions are more common than you’d think. We often see them in cases like:

• Inherited property between siblings or extended family
• Unmarried couples who bought property together and later separated
• Friends or business partners who invested in real estate but no longer align
• One co-owner wants to sell, and the other wants to stay or do nothing

Regardless of your situation, if you’re a legal co-owner of real property in Florida and you want out, you have the right to pursue partition.

Need Help Filing a Partition Action in Florida?

If you’re ready to move on from a co-owned property but can’t get the other party to cooperate, a Partition action may be the solution. At Widerman Malek, our real estate attorneys have helped many Florida property owners resolve co-ownership disputes with clarity, efficiency, kindness, and respect.

Call our office at 321-255-2332 or send us a message, and ask for a member of our Real Estate Team.