When disagreements over jointly owned property leave you feeling stuck, a partition action may provide a path forward. At Filler & Hedum Family Law Firm, Kelly Hedum and Sam Filler help you resolve real estate ownership disputes with honest guidance and strong advocacy.
Partition Actions in Florida:
What You Need to Know
A partition action is a legal remedy available when co-owners of real estate cannot agree on the property’s future. This often involves inherited family homes, vacation properties, or investment real estate. Through a partition lawsuit, a co-owner can ask the court to determine each party’s ownership interest and resolve disputes that have reached a standstill.
Under Chapter 64 of the Florida Statutes, the court will first consider whether the property can be physically divided among the owners. If dividing the property would be impractical or unfair, the court may order a judicial sale and distribute the proceeds according to each owner’s interest after the appropriate costs are addressed. For many co-owners, a partition action provides the legal path needed to end a real estate deadlock and move forward.
Common Reasons to File a Partition Action:
- Disagreements between siblings who inherit a family home and cannot agree whether to sell or keep it
- Ownership of real estate with a former spouse or partner after a separation or divorce
- A deadlock among co-owners regarding the management, use, or future of a property
- Ongoing disputes over mortgage payments, taxes, repairs, maintenance, or other expenses
- Failed real estate investment partnerships with no agreement on how to move forward
- Conflicts regarding the collection or distribution of rental income
- Uncertainty about how a vacant property should be used, maintained, or sold
- Inherited property disputes involving multiple heirs with competing goals
- Unsuccessful negotiations or buyout discussions that leave co-owners at an impasse
FAQs
Can One Co-Owner Force the Sale of a Property in Florida?
In many situations, yes. Chapter 64 of the Florida Statutes allows a co-owner to file a partition action when the owners cannot agree on what should happen to the property. If the court determines that dividing the property is not practical, it may order a sale and distribute the proceeds according to each owner’s interest.
Do All Owners Have to Agree Before a Partition Action Can Be Filed?
No. In fact, partition actions exist precisely because owners often do not agree. If negotiations have broken down and you cannot reach a resolution with the other owners, you may have the right to ask the court to intervene.
Can a Co-Owner Buy Out My Interest Instead of Selling the Property?
Sometimes. Depending on the circumstances, the parties may agree to a buyout before the case is resolved. In certain cases involving inherited property, Florida law may allow co-owners to purchase another owner’s interest. A negotiated buyout can often save time and expense.
Filler & Hedum:
There When You Need ‘Em!
When a property dispute leaves you at a standstill, we’re here to help you find a path forward. At Filler & Hedum, you’ll work directly with Kelly Hedum and Sam Filler. As attorneys who have spent decades serving the Oviedo and Seminole County community, we understand the importance of protecting your interests while helping you move toward a practical resolution. Contact us today for a free case evaluation and learn how we can help with your partition action.
