How to File a Partition Lawsuit in Florida to Force the Sale of Jointly Owned Real Estate

Owning real estate with another person can be a wonderful investment, but it can quickly turn into a financial nightmare if the relationship breaks down. Whether you inherited a family home with your siblings, bought a house with a partner before a breakup, or invested in a commercial property with a business partner, you might find yourself trapped if the other owners refuse to sell. In Florida, the law provides a clear escape route: a partition lawsuit.

A partition action is a civil lawsuit filed to force the sale or division of real estate. Under Florida law, no one can be forced to remain a co-owner against their will. Whether your property is located in Orlando, Miami, or Tampa, the court system has a structured mechanism to resolve these deadlocks. This guide explains the step-by-step process of filing a partition lawsuit, how different relationships affect the case, and how costs are handled.

Step-by-Step Process in Florida

Filing a partition action requires strict adherence to state procedures. The lawsuit is typically filed in the county where the property is located.

Step 1: Filing the Complaint for Partition

The process begins when your lawyer files a formal Complaint for Partition in the local court, such as the Orange County Circuit Court, Orlando or the Miami-Dade County Circuit Court, Miami. Along with the complaint, your attorney will file a Form 1.997, Florida, Supreme Court, Civil Cover Sheet. The complaint outlines who owns the property, the legal description of the real estate, and the request for the court to intervene under Fla. Stat. § 64.041.

Step 2: Partition in Kind vs. Partition by Sale

Florida courts prefer a 'partition in kind' if possible, which means physically dividing the land among the owners. However, a house or an apartment building cannot be sawed in half. Therefore, in most residential and commercial real estate cases, the judge will order a 'partition by sale'. This means the property is sold-either through a private broker or a public auction-and the profits are divided. The precedent of Condrey v. Condrey, 92 So. 2d 423 (FL Supreme Court 1957) highlights how courts determine when a property is indivisible and must be sold.

Step 3: Forcing the Sale of Inherited Property Between Siblings

When siblings inherit a parent's home, they become 'tenants in common'. Often, one sibling wants to sell and cash out, while another wants to live in the house rent-free. A partition action forces the sibling living in the house to either buy out the other heirs at fair market value or allow the house to be sold on the open market. Florida law ensures that the siblings who want to sell cannot be held hostage by the one who refuses.

Step 4: Partition Actions for Unmarried Couples After a Breakup

When a married couple divorces, property is divided in family court. However, when an unmarried couple breaks up, family court has no jurisdiction over their jointly owned home. Instead, unmarried couples must use a civil partition action to divide their assets. The court will look at how the deed is titled (joint tenants with right of survivorship or tenants in common) and order the property sold so both parties can go their separate ways.

Step 5: The Accounting Phase

Once the judge agrees that the property must be sold, the case moves to the accounting phase. This is where the court looks at who paid for what. If one owner paid the entire mortgage, property taxes, and insurance for years, they can request a credit from the other owner's share of the sale proceeds.

Step 6: How Attorney Fees are Paid in Florida Partition Cases (F.S. 64.081)

Many people worry about how they will afford a lawyer for a partition lawsuit. Florida has a unique and helpful rule for this. Under Fla. Stat. § 64.081, attorney fees in a partition action are usually paid out of the proceeds of the property sale, and the costs are split among the owners based on their ownership percentage. Because the lawsuit benefits all owners by liquidating the asset, the court ensures that the person who initiated the lawsuit does not have to bear the entire legal cost alone.

How Much Does it Cost in Florida?

The costs involved in a partition lawsuit are eventually paid from the property's sale, but some upfront costs apply:

• Court Filing Fees: Filing a civil lawsuit in a Florida Circuit Court costs approximately $400.
• Appraisal Fees: The court may require an independent appraisal to determine fair market value, costing between $400 and $800.
• Attorney Fees: While fees are often paid from the final sale, lawyers may require an upfront retainer (typically $3,000 to $5,000) depending on the complexity of the family or business dispute.

How Long Does the Process Take?

If all parties eventually agree to a private sale after the lawsuit is filed, the process can be resolved in 4 to 6 months. However, if a stubborn co-owner fights the lawsuit, refuses to sign a listing agreement, or disputes the financial accounting, a contested partition action can take 12 to 18 months to reach a final judgment and court-ordered sale.

Frequently Asked Questions (FAQ)