Question 1

What is a partition action?

Accepted Answer

A partition action is a lawsuit filed by a co-owner of real property to divide the property or force its sale. In Florida (Chapter 64): any co-owner can file a partition action regardless of: the size of their ownership interest, how long they have owned the property, or whether the other co-owners agree. The court can order: partition in kind (physically dividing the property into separate parcels), or partition by sale (selling the property and dividing the proceeds among the co-owners according to their ownership interests).

Question 2

When is partition by sale ordered in Florida?

Accepted Answer

Sale ordered when: the property cannot be fairly divided (residential property typically cannot be physically divided without destroying its value), physical division would be impractical (irregular lot shapes, improvements that span the property), or sale would better serve the interests of all parties (maximizing the total value). Most residential partition actions result in sale because: homes cannot be physically divided, and the value of the whole exceeds the value of divided parts.

Question 3

What costs are involved in a Florida partition action?

Accepted Answer

Costs: attorney fees (the court can order the partition costs, including attorney fees, to be paid from the sale proceeds; Section 64.081), court costs (filing fees, service of process), appraisal costs (the court may appoint an appraiser to value the property), commissioner fees (the court may appoint commissioners to oversee the partition), and real estate commission (if the property is sold, the commission is paid from the proceeds). These costs reduce the net proceeds available for distribution to the co-owners.

Partition Action

Partition Actions in Florida

Types

When Sale Is Ordered

Costs

Related Terms

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