The Ultimate Guide to Partition Actions in Florida: What Every Property Owner Needs to Know

Sarah and her brother, Mark, inherited a beachfront property from their parents. Sarah wanted to keep it as a vacation home, while Mark preferred to sell and cash out his share. Years of disputes and financial strain led Sarah to seek legal counsel, realizing a Partition Action was the only viable solution.

Partition Actions are legal solutions for co-owners facing disputes over shared real estate. Whether you’ve inherited property with siblings, co-invested in real estate, or share ownership with a business partner, disagreements can arise. When they do, a Partition Action might be the best legal remedy.

What is a Partition Action?

A Partition Action is a legal process used to resolve disputes among property co-owners who cannot agree on how to manage or dispose of the property. Under Florida law, any co-owner has the right to seek a Partition Action, which results in either a forced sale of the property (Partition by Sale) or a physical division (Partition in Kind).

Who Can File a Partition Action?

• Siblings who inherited property but disagree on its use
• Business partners who co-own commercial or investment properties
• Divorcing spouses who cannot reach an agreement on real estate division
• Any other co-owners facing an irreconcilable dispute

Types of Partition Actions

Partition by Sale – The court orders the property to be sold, and proceeds are divided among the co-owners.

1. Partition in Kind – The property is physically divided among co-owners (typically used for large parcels of land).

The Legal Process of a Partition Action

1. Filing the Lawsuit – The co-owner who wants to divide or sell the property files a lawsuit.
2. Property Valuation – A court-appointed appraiser determines the fair market value.
3. Court Decision – The court decides whether the property will be sold or divided.
4. Sale or Division – The court enforces the judgment through a sale or physical partition.

How Long Does a Partition Action Take?

Most cases take between 6 to 12 months, depending on court schedules, disputes over property valuation, and co-owner cooperation.

Why You Need an Attorney for a Partition Action

Navigating a Partition Action without legal guidance can lead to financial loss or unfair settlements. A real estate attorney ensures:

• Fair valuation of the property
• Protection of your legal rights
• Smooth legal proceedings

?? Need help with a Partition Action? Contact Renée Marie Smith, Esq. today for expert guidance!