Question 1

What is a partition deed?

Accepted Answer

A partition deed is a deed used to convey a specific portion of jointly-owned property to an individual co-owner as part of a partition. The deed: transfers a specific, defined parcel to the co-owner (converting an undivided interest in the whole property to sole ownership of a defined portion), is typically issued after: a voluntary agreement among co-owners, a court-ordered partition in kind, or a settlement of a partition action. The partition deed should include: a legal description of the specific parcel being conveyed, a reference to the original deed(s) by which the co-owners acquired the property, and the signatures of all co-owners (or the court’s authorization if ordered by the court).

Question 2

How does a partition deed differ from other types of deeds?

Accepted Answer

Distinction: a partition deed specifically divides co-owned property into separate parcels. Unlike a quitclaim deed (which transfers whatever interest the grantor has without warranty), a partition deed typically includes: specific representations about the co-owner’s interest being conveyed, a description of how the overall property was divided, and any owelty (equalization payment) provisions if the division is unequal. The partition deed is recorded in the official records, creating separate ownership of distinct parcels where there was previously shared ownership of the whole.

Question 3

What are the tax implications of a partition deed in Florida?

Accepted Answer

Tax implications: documentary stamp tax (Section 201.02): a partition deed is generally exempt from documentary stamp tax if: the partition is a division of co-owned property among existing co-owners, no new consideration is paid (other than equalization payments), and the transfer is merely a re-division of existing interests. If there is an equalization payment: documentary stamp tax may apply to the equalization amount. Property taxes: after partition, each owner is responsible for the taxes on their specific parcel (the property appraiser will assign new parcel identification numbers to the divided parcels).

Partition Deed

Partition Deeds in Florida

Purpose

vs. Other Deeds

Tax Implications

Related Terms

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