Co-Owned Property Disputes? Know Your Partition Options in Florida

What a Partition Action Is Under Florida Law

A partition action is a court case that asks a judge to end joint ownership of a property by dividing it or ordering it sold. Co-owners use it when they share a property and can’t agree on what to do with it.

When two or more people hold title together, Florida’s default is a tenancy in common. Under Fla. Stat. § 689.15, the right of survivorship does not prevail in Florida. Except for estates by the entirety, a deed to two or more people creates a tenancy in common unless the deed expressly provides for survivorship.

Location matters too. Under Fla. Stat. § 47.011, actions must be brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located, but this section does not apply to actions against nonresidents. For property in Hillsborough County, the county where the property is located is one of those options.

For a broader view, read our guide to commercial property disputes in Florida.

Why Co-Owners File a Partition Suit

Co-owners usually file when they can’t agree on what the property should do next. The trigger is often a long stalemate, not a single event.

Common triggers include:

• One owner wants to sell, and the others do not.
• Owners disagree about repairs, rent, or how the property is used.
• One owner has stopped paying taxes or upkeep while the others carry the cost.

Inherited property creates the same problem. After a death, heirs such as siblings can end up holding a house or land together, with no one clearly in charge. Business partners face it too, when a company’s real estate is still held in the owners’ joint names after a split.

When one sibling or partner won’t cooperate, that refusal is often why one owner turns to the courts. A negotiated answer is hard to reach when one side refuses to talk. Whether a co-ownership fight is a commercial dispute depends on the facts. See what is considered a commercial dispute for how these cases are categorized.

Division in Kind Versus Sale and Division of Proceeds

A partition case usually ends in one of two ways. The property is divided among the owners, or it is sold and the money is split.

Division in kind means the property is physically divided. It tends to work when land or a building can be split fairly. Sale with division of proceeds means the court orders a sale, and the money is shared according to each owner’s interest. Courts often look at whether a physical split is practical before they order a sale.

Debts tied to the property come first. Under Fla. Stat. § 55.10, a judgment becomes a lien on real property once a certified copy is recorded in the county’s official records, with the lienholder’s address included. 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 the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit stating that address is recorded simultaneously with it, and for certified copies first recorded on or after July 1, 1994, that initial lien lasts 10 years from the date of recording. A recorded judgment can affect the property, so check county records early. Under Fla. Stat. § 55.10, a judgment, order, or decree becomes a lien on real property in a county when a certified copy is recorded in that county’s official records or judgment lien record, provided the judgment contains the lienholder’s address or a separate affidavit stating that address is recorded at the same time.

Mortgages and unpaid taxes are usually paid from sale money before owners share what’s left. How the split works depends on the facts of each property and ownership arrangement.

General Steps in a Florida Partition Case

A Florida partition case usually moves from a written demand to a court complaint, then to valuation and a decision on division or sale. Each stage can take a different amount of time, so there is no fixed schedule.

The typical sequence looks like this:

1. An attempt to resolve the dispute in writing.
2. A complaint filed in court, with all co-owners and lienholders served.
3. A response period for each party to answer.
4. An appraisal or valuation, which the court uses when it weighs division or sale.

Co-owners can agree on division or sale at any stage. Agreed terms go before the court. Some cases also include accounting claims between co-owners, such as who paid what toward taxes or upkeep.

Mediation is another way co-owners can try to settle. The U.S. Court of Appeals for the Fourth Circuit describes mediation as a process in which parties work toward resolution with a neutral.

A common mistake is skipping the title check. Pull the recorded deed and look for recorded judgments or liens before you file or make an offer.

Properties and Situations That Limit or Change Partition

Some ownership arrangements change how property can be divided or sold.

Spouses. Under Fla. Stat. § 689.15, a tenancy by the entirety changes into a tenancy in common when the marriage is dissolved. How title is written from the start matters.

Conservation easements. The Florida Department of Environmental Protection says conservation easements have a perpetual duration and contain negotiated restrictions. The Florida Division of Historical Resources says an easement can restrict specified uses while the owner keeps ownership. A recorded easement can limit what any division or sale looks like.

Business entities. If an LLC holds the property, its operating agreement governs relations among the members. Where an operating agreement does not provide for matters such as relations among members, a manager’s rights and duties, or the company’s activities and affairs, the Florida LLC chapter governs those matters. Under Fla. Stat. § 607.0732, a shareholder agreement that complies with the statute can set a mechanism for breaking a deadlock, if it is set forth or referenced in the articles of incorporation or bylaws and approved by all persons who are shareholders at the time of the agreement, or set forth in a written agreement signed by all such shareholders and made known to the corporation. Under Fla. Stat. § 620.8801, a partnership at will is dissolved and must be wound up when it has notice from a partner (other than one already dissociated under s. 620.8601(2)-(10)) of that partner’s express will to withdraw, either now or on a later date the partner specifies.

Title. Title defects can delay a case. Review the deed and any operating or shareholder agreement early. For other property and business situations, see what are some examples of commercial disputes.

Talking Through Your Co-Ownership Situation With Ayala Law PA

If a co-owner dispute, an estate, or a business split is already underway, you did not choose that position. You may be reading this for a family member or business partner, not just for yourself.

It might be a sibling who won’t agree to sell, or a partner who has stopped paying a share. Either way, the next step is a clear picture of how title is held and what the agreements say.

Eduardo A. Maura is the lawyer responsible for this page. Ayala Law PA’s only office is at 1646 W Snow Ave in Tampa, Florida, and the firm serves businesses in Tampa and Hillsborough County. The firm represents businesses and property owners in Tampa and Hillsborough County. Fee terms are explained during a case evaluation.

If you’re weighing options for a shared property, reach out to our team to talk through the facts.