Question 1

What is a Florida real property partition action?

Accepted Answer

A Florida real property partition action (Chapter 64) is a lawsuit to divide co-owned real property. The action can be filed by any person who has an interest in the property: tenants in common, joint tenants, owners of undivided interests, and even holders of life estates or remainders. The right to partition is a fundamental property right in Florida that cannot be waived (except by agreement among the co-owners, and even then, the waiver may be unenforceable if it is unreasonable).

Question 2

How long does a Florida partition action take?

Accepted Answer

Timeline: simple cases (two co-owners, no disputes about ownership or contributions): 3-6 months. Complex cases (multiple co-owners, disputes about ownership, improvements, expenses, and credits): 6-18 months. The timeline depends on: the number of co-owners (more owners = more complexity), whether there are disputes about ownership interests, whether there are claims for improvements or expenses, whether the property is sold by private sale or public auction, and the court’s calendar.

Question 3

What are the alternatives to a Florida partition action?

Accepted Answer

Alternatives: negotiated buyout (one co-owner buys the others’ interests at a fair price), voluntary sale (all co-owners agree to sell and divide the proceeds), mediation (a neutral mediator helps the co-owners reach an agreement), co-ownership agreement (the co-owners execute an agreement governing the use, maintenance, and eventual sale of the property), and LLC formation (the co-owners transfer the property to an LLC, which provides a framework for management, distributions, and exit). Alternatives are typically less expensive and faster than litigation.

Partition Action: Florida Real Property

Florida Real Property Partition Actions

Who Can File

Timeline

Alternatives

Related Terms

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