Partition Actions: When Co-Owners Disagree

Co-owning property can work well when all owners agree on how to use and manage it. But what happens when they don't? Whether inherited from a family member or purchased together, disputes among co-owners can lead to a legal remedy called a partition action.

What is a Partition Action?

A partition action is a legal proceeding that forces the division or sale of jointly owned property when the co-owners cannot agree on what to do with it. Any co-owner has the right to file for partition—you don't need the other owners' consent.

Types of Partition

Florida courts can order two types of partition:

Partition in Kind

The property is physically divided among the co-owners. This is typically only practical for large parcels of land that can be fairly divided.

Partition by Sale

The property is sold and the proceeds are divided among the co-owners according to their ownership interests. This is the most common outcome, especially for homes and smaller properties.

Common Partition Action Scenarios

Partition actions often arise in these situations:

• Inherited property when siblings disagree about selling or keeping it
• Former romantic partners who purchased property together
• Business partners who co-own real estate
• Investment properties with disagreeing co-investors

The Partition Process

1. Filing the Lawsuit: One co-owner files a complaint for partition in circuit court.
2. Service and Response: Other co-owners are served and can respond to the lawsuit.
3. Accounting: The court may order an accounting of contributions, expenses, and improvements made by each owner.
4. Determination: The court decides whether partition in kind or by sale is appropriate.
5. Sale Process: If ordered, the property is typically sold at public auction or private sale.
6. Distribution: Sale proceeds are distributed according to ownership percentages, adjusted for any accounting credits or debits.

Protecting Your Interests

If you're involved in a property dispute with co-owners, experienced legal representation is essential. Contact Pierce Law to discuss your options and protect your property rights.