Co-owned real estate works until it doesn’t. Siblings inherit a Hollywood house and one wants to sell while another lives in it rent-free. An unmarried couple buys a condo in Brickell together, breaks up, and one of them stops paying the mortgage. Two investors own a Pompano Beach duplex and cannot agree on whether to renovate or sell. Florida law does not force people to stay in a co-ownership they no longer want. Under Chapter 64 of the Florida Statutes, any co-owner may file a partition action and ask the court to divide the property or sell it and split the proceeds. I’m Eric J. Goldman, and I file and defend partition actions for co-owners throughout Broward, Miami-Dade and Palm Beach counties.
Partition is a powerful remedy, but the way the case is handled determines how much of the equity each owner actually walks away with. Call (954) 536-7557 to discuss a co-ownership that has reached a dead end.
Who Can File a Partition Action in Florida
Section 64.031 allows any one or more of several joint tenants, tenants in common or coparceners to file for partition against the others. It does not matter how small the plaintiff’s share is, whether the plaintiff lives at the property, or whether the other owners object. Co-ownership is voluntary, and the statute gives every owner an exit.
The typical clients are:
- Heirs and beneficiaries who received a deceased parent’s home through probate or a deed and cannot agree on what to do with it.
- Unmarried couples who bought together and separated. Because there is no divorce court to divide the property, partition is the only mechanism.
- Former business partners and investors who hold title in their individual names rather than through an entity.
- Divorced spouses whose final judgment left the property jointly titled without a sale deadline.
- Friends or relatives who co-signed or went on title to help someone qualify for a mortgage and now want out.
Partition by Sale Versus Partition in Kind
The statute prefers partition in kind, meaning the property is physically divided among the owners. That works for acreage or a large parcel that can be split into lots. It does not work for a single-family home, a condominium unit or a duplex, which is nearly everything I see in South Florida. When the property cannot be divided without prejudice to the owners, Section 64.071 authorizes the court to order a sale, either by the clerk at public auction or, far more commonly, by a private sale through a broker on terms the court approves.
A private sale almost always produces a higher price than a courthouse auction, and one of the first things I do in a partition case is try to reach agreement on a listing broker, a listing price and a process. Even owners who cannot agree on anything else usually agree they would rather not give the equity away at auction.
Accounting Between Co-Owners
The sale is only half of a partition case. The other half is the accounting: who paid the mortgage, taxes, insurance and repairs, who collected the rent, and who lived in the property without paying. Florida courts adjust each owner’s share of the proceeds to account for those contributions and benefits. A sibling who paid the property taxes for six years is generally entitled to credit for the other owners’ share of those payments. An owner who collected rent from a tenant must account for the co-owners’ portion. An owner who occupied the property to the exclusion of the others may be charged with a reasonable rental value.
These credits are frequently worth more than the fees spent litigating them, and they are where preparation matters. I gather the payment records, tax bills, insurance declarations and repair invoices early, and I present the accounting to the court in a form that is easy to follow. Section 64.081 also allows the court to apportion attorney’s fees and costs among the parties in proportion to their interests, so the owner who forces a necessary partition does not automatically bear the whole cost.
Inherited Property and the Heirs Property Act
Inherited homes present their own issues. Often the estate was never probated, the deed still shows the deceased parent, or one heir has been living in the house for years and treating it as their own. Before partition can proceed, title must be in the heirs’ names, which may require a probate proceeding or a quiet title action.
Florida’s Uniform Partition of Heirs Property Act, Sections 64.201 through 64.211, applies when the property qualifies as heirs property, meaning a substantial share of the co-owners are relatives and there is no written agreement governing partition. The Act requires a court-ordered appraisal, gives the non-filing co-owners the right to buy out the filing owner’s share at the appraised value before any sale, and directs the court to favor an open-market sale over an auction. Whether the Act applies changes the strategy for both sides, and I evaluate it at the outset of every inherited-property case.
Defending a Partition Action
If you have been served with a partition complaint, the sale itself is usually not something you can stop, but your share of the proceeds is very much in play. Defense work focuses on the accounting credits, on enforcing any written agreement between the owners, on asserting a buyout right where the Heirs Property Act applies, and on controlling the sale process so the property is not dumped. An owner who wants to keep the property can often negotiate a buyout of the other owners at a price supported by an appraisal rather than a listing.
Partition Practice in Broward, Miami-Dade and Palm Beach
Partition cases are filed in the circuit court of the county where the property is located: the 17th Judicial Circuit in Fort Lauderdale for Broward property, the 11th in Miami for Miami-Dade, and the 15th in West Palm Beach for Palm Beach County. Each circuit has its own case management practices and mediation requirements, and all three routinely refer partition cases to mediation, where a large share of them settle on a private sale and an agreed accounting. I represent co-owners of property in all three counties; see my Broward County, Miami-Dade and Palm Beach County real estate pages for the local details. Partition is one of several remedies I handle within my broader property disputes practice.
Frequently Asked Questions
Can one owner force the sale of a house in Florida?
Yes. Any co-owner may file a partition action under Chapter 64, and the court will order a sale if the property cannot be fairly divided. The other owners cannot block the sale simply by refusing to agree, although they can negotiate a buyout or, for heirs property, exercise a statutory buyout right.
How long does a partition action take?
A case that settles at mediation on a private sale can wrap up in four to six months plus the time it takes to sell the property. A contested case with a disputed accounting can take a year or more. Most cases in Broward, Miami-Dade and Palm Beach fall somewhere in between.
Do I get credit for the mortgage payments I made?
Generally yes. Florida courts credit a co-owner for the other owners’ share of mortgage principal, taxes, insurance and necessary repairs that the co-owner paid, and they charge a co-owner who collected rent or excluded the others. Documentation is essential.
Can we avoid court entirely?
Often. If the owners can agree on a sale and a division of the proceeds, I document the agreement and handle the sale as a regular closing. A partition action is the fallback when one owner will not participate.
Talk to a Florida Partition Attorney
If you co-own property in Broward, Miami-Dade or Palm Beach County and the arrangement no longer works, call (954) 536-7557 or use the contact page for a free consultation. I’ll explain whether partition, a negotiated buyout, or a simpler agreed sale is the right path.