When Co-Owners Disagree: How a Partition Action Works in Florida

A partition action is a lawsuit that asks a Florida court to end co-ownership of real estate. This guide explains how that process works, who gets named, and where co-owners often get stuck.

What a partition action is and who can file one

A partition action is a court case where one owner asks a judge to end shared ownership of real property. Co-owners often hold title as tenants in common or as joint tenants. Under Fla. Stat. § 689.15, except for estates by entirety, a devise, transfer or conveyance, including a deed, made to two or more people creates a tenancy in common unless the instrument expressly provides for survivorship. Co-owners who cannot agree on how property is held or used may want to understand their legal options.

Partition is about how the property is shared. It is not the same as a fight over who owns the property at all.

Where the case is filed follows the venue statute. Under Fla. Stat. § 47.011, an action must be brought in the county where the defendant resides, where the cause of action accrued, or where the property is located. This section does not apply to actions against nonresidents. For land in the Tampa area, that often means Hillsborough County. When co-owners live in different counties, Fla. Stat. § 47.021 allows suit in any county where any one defendant lives.

When a court can order a partition: division in kind or sale

A partition in kind means each owner gets a physical share of the land. A partition by sale means the property is sold and the owners divide the money.

Courts tend to order a sale when the property cannot be split fairly. A single house, a small commercial building, or a narrow lot often fits that pattern. The judge looks at the property’s characteristics and the owners’ interests before choosing. Which path applies depends on the facts.

Co-owners who want to keep property together may want to talk through their goals with a lawyer. Owners who want out usually ask for a sale. Each side’s position shapes what the judge hears, so the facts about the land carry real weight.

How the case moves: filing, service, and the parties

The case starts with a complaint filed in court. The complaint names the co-owners and anyone else who holds a claim against the property. Missing a party can cause problems later, so the list matters. Keeping track of every name on the deed is a useful first step.

Mortgage holders and lienholders often need to be named, because a sale would affect their interests. Under Fla. Stat. § 55.10, a judgment becomes a lien on real property when a certified copy is recorded in the county. Under Fla. Stat. § 55.10, a judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of that county, provided the judgment, order, or decree contains the address of the person who has the lien or a separate affidavit stating that address is recorded simultaneously with it. Under Fla. Stat. § 55.10, for a certified copy first recorded on or after July 1, 1994, the judgment, order, or decree is a lien in that county for an initial period of 10 years from the date of recording.

Once served, a co-owner has to respond within the time the court papers set. Court papers carry deadlines, so read the summons and complaint right away. After the first filings, the case can move toward mediation, hearings, and a final judgment.

Valuing the property and accounting for expenses between co-owners

Before a sale, the court typically needs a value for the property. Appraisals and other evidence of value are common tools. The number matters because it sets what the owners share.

This is often where disputes get most detailed. One owner may have paid the mortgage, property taxes, insurance, or repairs alone. That owner may ask for credit for those payments. Another owner may argue the paying owner lived in the home or collected rent and should account for that benefit. These claims can change the final split.

Timing can also become an issue. An owner may argue that payments made years ago should count differently than recent ones. The court looks at the full record before deciding these questions.

Records decide much of this. Bank statements, receipts, and rent ledgers show who paid what. Co-owners who paid bills without keeping records may struggle to prove their credits.

Sale, costs, and dividing the proceeds

Sale money generally goes first to court costs and to claims secured by the property, such as mortgages and recorded liens. Those adjustments include the credits and accounting claims described above.

When the court orders a sale, the sale runs through the court process rather than a private deal among the owners. The answer to what each person receives turns on the property, the payments, and any adjustments the court approves.

Written agreements add another layer. The wording of that clause matters, so read it closely.

Options co-owners may consider before or during a partition case

Co-owners can sometimes settle the split without a full trial. Common paths include a buyout, an agreed sale, or mediation. A buyout lets one owner purchase the others’ shares.

Informal deals are common among family members and business partners. They still must meet basic contract rules. Under St. Joe Corp. v. McIver, an oral contract needs an offer, acceptance, consideration, and essential terms stated clearly enough. A loose handshake on a buyout may not hold up. Putting the terms in writing reduces that risk.

Mediation is another route. Under Fla. Stat. § 44.102, a court must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, subject to listed exceptions; it may also refer all or part of other filed civil actions to mediation. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” When a court refers a case, response periods for certain settlement offers are paused until the mediator declares an impasse or reports that no agreement was reached.

Some co-owners also face a question about who holds title. That issue is a separate proceeding. Quiet title disputes, including those involving alleged wild deeds, turn on the facts of each property and the county where it is located, and our team can discuss how that applies to your situation.

Talking with our team about your co-ownership situation

Readers often arrive here because a co-owner filed a case, a family member’s share is unclear, or a business partner wants out. These situations are rarely a choice. If a partition complaint has reached you, or a co-owner is not cooperating, you do not have to sort out the facts alone.

Our team focuses on business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation, and international trade litigation in Florida courts and arbitration. We represent clients in Tampa, Hillsborough County, and the Tampa Bay area. Eduardo A. Maura is the responsible lawyer for this page. Our office is at 1646 W Snow Ave in Tampa, Florida, and we represent businesses in Tampa and Hillsborough County.

To talk through the property, the owners involved, and any deadlines, call (305) 570-2208 or send a message through our contact page.

Frequently asked questions