What Is a Complaint for Partition?
Co-ownership of real estate in Florida often turns into a nightmare. Two siblings inherit a vacation home from their deceased parents. One sibling wants to sell it immediately for cash; the other wants to keep it forever. Neither sibling can force the other to do anything, and neither can sell the whole property alone because they each only own a 50% interest. The situation is a legal deadlock.
The solution is a Complaint for Partition. Under Florida Statute Chapter 64, any co-owner of real estate has an absolute, unconditional right to file a partition lawsuit. The court will break the deadlock by either dividing the property or selling it.
Two Types of Partition
The judge has two options:
- Partition in Kind — If the property is raw, undeveloped land (like a 100-acre farm), the judge can physically divide it into two separate parcels, giving each co-owner their own independent piece of dirt.
- Partition by Sale — If the property is a single-family house (which obviously cannot be sawed in half), the judge orders the property sold at a public auction or on the open market. The cash from the sale is then divided among the co-owners based on their ownership percentages, after deducting the costs of the lawsuit and any outstanding mortgage.
The Right Cannot Be Blocked
In Florida, the right to partition is absolute. One co-owner cannot prevent the other from filing the lawsuit. Even if four siblings own a house together, and three of them want to keep it, the fourth sibling who wants to sell can file a partition action, and the judge must grant it. The only way to prevent a future partition is for all co-owners to sign a written "Partition Waiver" agreement in advance.
Related Terms
- Partition Action — The broader legal process that the complaint initiates
- Tenants in Common — The most common ownership structure that leads to partition disputes
- Court-Appointed Receiver — Often appointed to manage the property during the partition lawsuit
Barnes Walker Partition Litigation
Barnes Walker's real estate litigators aggressively prosecute and defend Florida partition actions, protecting our clients' financial interests whether they are fighting to force a sale of inherited property or defending against a co-owner's attempt to liquidate a family asset below market value. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC