Florida Partition Action Attorneys
The Law Office of Renee Marie Smith, PA represents Florida property co-owners who need help resolving a dispute over jointly owned real estate. We help you understand your options and move toward a clear legal path forward.
Understand Your Rights as a Florida Co-Owner
When Co-Owners Cannot Agree on Shared Property
Owning real estate with another person can become difficult when you disagree about selling, maintaining, occupying, or dividing the property. Whether you inherited a home with siblings, purchased property with a former partner, or invested with another owner, you may have legal options to resolve the dispute.
A partition action is a court proceeding that can determine how jointly owned real estate should be divided or sold. The appropriate remedy depends on the ownership interests, the type of property, and applicable Florida law. A partition lawsuit may result in a physical division when legally and practically appropriate, or a court-ordered sale with distribution of proceeds.
You do not necessarily have to remain in a co-ownership arrangement indefinitely. An attorney can review your deed, ownership history, agreements, and financial records to assess whether partition is available and what relief to request.
Common Partition Situations
Inherited Property Disagreements Between Heirs
You and your siblings inherited a home, but one heir refuses to sell, buy out the others, or contribute to expenses. The first step is confirming title and whether probate or other proceedings affect the ownership interests.
Former Partners Who Own a Home Together
A relationship ended, but both names remain on the deed. Partition may be one way to address the property, although divorce decrees, settlement agreements, mortgages, and family-court orders can affect the available remedies.
One Co-Owner Occupies the Property
One owner lives in the property while another is excluded or receives no benefit. Depending on the facts, issues such as ouster, rental value, expenses, and offsets may arise in the accounting. Exclusive occupancy alone does not automatically establish a right to rent.
Disputes Between Real Estate Investors
Co-investors disagree over a sale, buyout, management, or property expenses. Deeds, operating agreements, partnership arrangements, and other contracts must be reviewed before selecting a legal strategy.
How a Florida Partition Action Works
1. Review Ownership and Available Options
We review the deed, title history, co-ownership agreements, mortgages, and relevant court orders. Negotiated sale or buyout options may be considered before litigation.
2. File and Serve the Appropriate Action
If litigation is appropriate, a partition complaint identifies the property, parties, ownership interests, and requested relief. Necessary parties and lienholders may need to be addressed.
3. Determine the Remedy and Financial Issues
The court considers whether division in kind is appropriate or whether a sale is warranted. Disputes may also involve ownership shares, payments, improvements, receipts, and equitable adjustments.
4. Sale or Division and Distribution
If the court orders a sale, the process and distribution are subject to court orders, liens, costs, and any adjudicated accounting adjustments.
Every case is different. A consultation can help you understand the likely procedural issues in your specific property dispute.
Money Matters: Equity, Expenses and Accounting
What Happens to Your Share of the Property?
A partition case is not only about whether property is sold. It can also involve how net proceeds should be allocated among the owners. Depending on the evidence and applicable law, the court may consider ownership percentages, mortgage principal payments, property taxes, insurance, necessary maintenance, improvements, rental receipts, and other relevant adjustments.
The deed does not always tell the entire financial story. Nor does paying more of the expenses automatically change the ownership percentages. An attorney can identify which payments or claims may support an equitable accounting and what records are needed.
Documents to bring: deed or title documents; mortgage statements; proof of tax and insurance payments; repair and improvement receipts; leases or rental records; relevant emails and agreements; any probate or divorce orders.
Exclusive Occupancy Versus Ouster
Does Living in the Property Give One Co-Owner Exclusive Ownership?
Generally, no. When two or more people hold legal ownership interests in Florida real estate, one co-owner’s sole occupancy does not, by itself, eliminate the other co-owner’s ownership interest. Exclusive occupancy means that one co-owner uses or lives at the property while another does not. The legal consequences depend on the deed, any agreements, the parties’ conduct, and other circumstances.
What Is Ouster?
Ouster is different from simply living at the property alone. In a co-ownership dispute, ouster generally concerns conduct by one co-owner that denies or excludes another co-owner from exercising their rights to possess the property. Whether particular acts constitute ouster is fact-specific. Changing locks, refusing access, or expressly denying another owner’s rights may be relevant, but no single fact automatically decides the issue.
Can an Excluded Co-Owner Recover Rent or Compensation?
A co-owner’s exclusive occupancy does not automatically require payment of rent to another co-owner. An established ouster, an agreement, rent collected from third parties, or equitable accounting considerations may affect whether occupancy-related compensation or offsets are available. Mortgage payments, taxes, insurance, repairs, improvements, and other circumstances may also affect the overall accounting in a partition action.
Why Your Particular Facts Matter
Every property ownership dispute is different. The deed, ownership history, access to the property, communications between the owners, payments made, any written agreements, and pending probate, divorce, or other proceedings may change the legal analysis. An attorney should review your specific circumstances and documents before you rely on any general description of exclusive occupancy, ouster, rental value, or partition rights.
GENERAL INFORMATION — NOT INDIVIDUAL LEGAL ADVICE
This website provides general educational information about Florida property law and is not legal advice for your specific situation. For answers about your property and the options available to you, call for a free consultation at (866) 839-1192 or email Renée at rms@reneemsmithesq.com for more detailed information. Contacting the firm does not, by itself, create an attorney-client relationship.
Please do not send confidential information until an attorney-client relationship has been established.
The Court Can Guide a Practical Resolution
Florida partition cases can end through a negotiated agreement, a court-supervised sale, or a physical division when the property can reasonably be split. Each option fits a different situation.
Negotiated resolution
Best for co-owners who can still communicate. The likely outcome is a mutual agreement on sale, buyout, or use. The next step is discussing terms before filing suit.
Court-guided sale
Best when the property cannot reasonably be divided. The likely outcome is a court-ordered sale with proceeds split by ownership share. The next step is filing a partition action.
Property division
Best for larger parcels that can be physically split. The likely outcome is separate, legally divided lots for each owner. The next step is a survey and feasibility review.
The best path depends on the ownership records, the type of property, and the parties' ability to agree. We do not promise a particular result.
Experienced Counsel for
Contested Co-Ownership Matters
Renee Marie Smith, Esq. brings more than 25 years of real estate experience to Florida partition matters.
The Law Office of Renee Marie Smith, PA focuses on reviewing ownership records, clarifying the options available to co-owners, and pursuing an appropriate resolution under Florida law.
If your dispute also involves unclear ownership records, see our quiet title action help in Florida.
25+
Years of Florida real estate experience
Meet Renée Marie Smith, Esq.
Renée Marie Smith, Esq. is a Florida real estate attorney with more than 25 years of experience representing property owners, investors, and businesses.
Her practice includes partition actions, inherited property disputes, and litigation involving jointly owned real estate. Combining experience in real estate transactions and litigation,
Renée helps clients understand their ownership rights, evaluate potential financial claims, and pursue practical legal solutions.
Florida Partition Action FAQs
Can I force the sale of property I own with someone else?
Potentially. Florida partition law can permit a co-owner to seek division or sale of jointly held property, subject to ownership rights, agreements, statutory requirements, and other case-specific limitations.
What if my sibling refuses to sell inherited property?
First determine who legally owns the property and whether probate has been completed or remains relevant. If multiple heirs hold title and cannot agree, partition may be an option.
Can the other owner buy out my share instead of selling the house?
A voluntary buyout is often possible by agreement. Whether a court-supervised alternative applies depends on the case and governing law, including any applicable heirs-property provisions.
What happens when inherited property owners disagree in Florida?
Inherited co-owners each keep an ownership interest even when they disagree. Resolving the disagreement usually takes an agreement among the heirs, a buyout of one owner's share, a private sale, or a court partition process if no agreement is reached.How long can a Florida partition action take?
Timing varies with title issues, how quickly all parties can be served, whether negotiations succeed, and the court's schedule. Some cases resolve in a few months, while others involving disputed title or multiple heirs can take longer.Can I recover rent if the other owner lives in the home?
Not automatically. The facts surrounding occupancy, exclusion, agreements, rents received, and equitable accounting matter. An attorney can assess whether an occupancy-related claim is supportable.
Can I get credit for mortgage payments, taxes, or improvements?
Certain expenditures may be relevant to an accounting, but the treatment depends on the type of expense, evidence, and circumstances. Keep payment records and receipts.
Who pays attorney’s fees and costs?
Florida law provides for allocation of qualifying partition costs and attorney’s fees in appropriate circumstances, including under section 64.081, Florida Statutes. Allocation is not automatic in every requested amount and requires legal analysis.
What if there is a mortgage or other lien?
Liens and other interests can affect the case and the proceeds. Review of the title and loan documents is important before deciding how to proceed.
Ready to Resolve a
Jointly Owned Property Dispute?
You may have options even when another owner refuses to cooperate. Contact Renee Marie Smith, P.A. to discuss the property, the ownership interests, and the next steps that may be available under Florida law.