Partition Action Between Co-Owners Information
Types of partition: partition in kind (physical division of the property: each co-owner receives a separate parcel; preferred when the property can be equitably divided), and partition by sale (the property is sold and the proceeds are divided among the co-owners; used when the property cannot be physically divided without destroying its value). The partition process: the co-owner files the partition complaint, the court determines the co-owners' interests (the ownership percentages), the court appoints commissioners (to evaluate whether partition in kind is feasible), the court orders partition in kind or by sale (based on the commissioners' recommendation), and the proceeds or parcels are distributed. The right to partition is: absolute (no co-owner may be forced to remain in a co-ownership arrangement they no longer want), and the court has no discretion to deny partition (the only question is: kind or sale).
Florida Legal Definition
Partition actions in Florida are governed by: Florida Statutes Chapter 64 (Partition of Property). Under §64.011: any co-owner of real property may demand partition. Under §64.041: the court appoints three commissioners (to examine the property and determine whether partition in kind is feasible). Under §64.051: the court may order partition by sale if: partition in kind would be inequitable (the property cannot be divided equally without destroying its value). Under §64.081: the proceeds of the sale are distributed according to the co-owners' respective interests (after deducting: costs, liens, and encumbrances). Under §64.201-64.211 (UPHPA): for heirs property, additional protections apply (appraisal, right to purchase, and preference for partition in kind).
How It's Used in Practice
Attorneys manage partition actions for co-owners. For the petitioning co-owner, the attorney: files the partition complaint (identifying all co-owners and their interests), requests partition in kind or by sale (based on the property's characteristics), coordinates the commissioners (the commissioners evaluate the property and report to the court), and obtains the partition order. For the non-petitioning co-owner, the attorney: evaluates whether to purchase the petitioning co-owner's interest (the buyout option), argues for partition in kind (if physical division preserves value), protects the client's interest in the distribution, and asserts the UPHPA protections (if the property is heirs property). The attorney advises: the right to partition is absolute; a co-owner who wants out will get out; the question is whether the property is divided or sold.
Key Takeaways
- Any co-owner may demand partition; right is absolute.
- Chapter 64: governs partition in FL.
- Partition in kind preferred; sale if division destroys value.
- 3 commissioners appointed to evaluate property.
- UPHPA: additional protections for heirs property (§64.201).
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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