What to Expect When Filing a Partition Action in Florida
If you co-own property in Florida and your co-owners refuse to cooperate in selling or managing it, a Partition Action may be your only legal solution. But what does this process involve? How long does it take? And what should you expect at each stage? Understanding these steps in advance can help you prepare, avoid surprises, and ensure a smoother legal journey.
Step-by-Step Legal Process of a Partition Action
1. Filing the Lawsuit
The first step in a Partition Action is filing a legal complaint with the court. The lawsuit must outline:
??????????? The details of the co-owned property
??????????? Each party’s ownership interest
??????????? The request for a Partition by Sale (forcing a sale) or Partition in Kind (dividing the property)
??????????? Any additional claims, such as disputes over property expenses
Once the lawsuit is filed, the co-owners (defendants) must be legally notified and given the opportunity to respond.
2. Property Appraisal and Market Valuation
To ensure a fair division of proceeds, the court typically orders a property appraisal. A certified real estate appraiser will determine the current market value of the property, which plays a crucial role in negotiating buyouts, settlements, or court-ordered sales.
3. Mediation and Settlement Attempts
Before proceeding to trial, Florida courts often encourage mediation. In mediation:
??????????? A neutral third-party mediator helps co-owners explore settlement options
??????????? One party may agree to buy out the other’s share
??????????? The parties might agree to sell the property outside of court and split the proceeds
Mediation is often quicker and less expensive than litigation and allows for more flexible resolutions.
4. Court Hearings and Litigation (If No Settlement Is Reached)
If mediation fails, the case proceeds to litigation. During this stage:
??????????? The judge reviews property ownership documents and financial records
??????????? Evidence is presented regarding the best course of action (sale vs. division)
??????????? Expert witnesses, such as real estate appraisers, may provide testimony
Based on the evidence, the judge will issue a final ruling on whether the property should be sold, divided, or handled in another manner.
5. Sale or Division of the Property
Once the court issues a Partition by Sale, the property is typically:
??????????? Sold at a public auction or private sale
??????????? The proceeds are divided among co-owners based on their ownership percentage
If the ruling is for a Partition in Kind, the property will be physically divided into separate ownership portions, though this is rare for homes and commercial buildings.
How Long Does a Partition Action Take?
The timeline for resolving a Partition Action varies based on several factors:
??????????? Simple cases (6–9 months): If co-owners cooperate and mediation is successful, the process can be resolved quickly.
??????????? Moderate cases (9–12 months): If mediation fails but litigation is straightforward, the case can still be resolved within a year.
??????????? Complex cases (12+ months): If co-owners contest the valuation, dispute expenses, or delay proceedings, the case can extend beyond a year.