Tampa Partition Action Lawyers
When you own real estate with someone else, things can change. Co-owners stop agreeing on whether to sell, who pays the bills, or who gets to live in or rent out the property. When co-owners cannot agree, Florida law lets an owner ask a court to divide the property, or to sell it and divide the proceeds. That process is called a partition action.
At Westchase Law, P.A., we help co-owners protect their share, explore a negotiated buyout, and, when needed, take the matter to court.
We are led by C. Todd Marks, with over 25 years’ experience, and Kelly M. Albanese, Esquire, a Florida board certified specialist in marital and family law. We bring real estate litigation experience together with a clear understanding of the family relationships that often sit behind co-owned property.
Basic Rules of Partition
Accounting comes first. Before property is divided or sold, the court sorts out who owns what. Under section 64.041, the complaint must state “the quantity held by each” owner and “such other matters, if any, as are necessary to enable the court to adjudicate the rights and interests of the party.” Under section 64.051, “The court shall adjudge the rights and interests of the parties.” This is where each owner’s share, and what each has contributed or received, is presented to the court.
Then the equity is split. Once those rights and interests are decided, the value is divided by ownership share. If the property is sold, section 64.071 directs that the money be “divided among the parties in proportion to their interest.” Under section 64.081, the costs, including attorneys’ fees, are shared “on equitable principles in proportion to the party’s interest,” and the court may order them paid out of the proceeds of the sale. Taxes that are due at the time of sale “shall be paid out of the purchase money.”
Things to Consider
A partition action can resolve a deadlock, but it is not always the best first step. Before you file, or when you are served, it helps to think through:
- Whether a buyout or a negotiated sale could reach the same result faster
- What each owner has contributed toward the purchase, mortgage, taxes, insurance, and repairs
- Whether a court-ordered sale could bring a lower price than a sale on the open market
- How costs and fees will be shared under section 64.081
- Whether the property is inherited family land. Part II of Chapter 64, the “Uniform Partition of Heirs Property Act” (section 64.201), may then apply.
Plan Ahead with a Tenant in Common Agreement
That’s why we recommend tenant in common agreements. A written agreement made when you buy, or soon after, sets the rules before a disagreement starts. It can cover:
- Each owner’s contributions toward the purchase, mortgage, taxes, insurance, and upkeep
- Buyout rights, and how the property will be valued if one owner wants out
- What events trigger a sale, and how a sale will be handled
- Who may use, occupy, or rent the property
- How disputes will be resolved, such as through mediation, before anyone goes to court
Planning ahead this way can help co-owners avoid the cost and uncertainty of a forced partition.
How Partition Works in Florida
Partition is governed by Chapter 64 of the Florida Statutes. Under section 64.011, “All actions for partition are in chancery,” which means a judge, not a jury, decides the case. Under section 64.022, the action is brought in a county where the land, or part of it, is located.
Under section 64.031, a partition action “may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.”
We can help with:
- Partition of residential and investment property held by co-owners
- Property inherited by siblings or other relatives
- Property held by former partners or business associates
- Negotiated buyouts between co-owners
- Court-ordered sales when the property cannot be fairly divided
- Accounting for contributions, expenses, and proceeds
The Partition Process
A typical partition case follows these steps under Chapter 64:
- The complaint: Under section 64.041, the complaint describes the property and identifies the owners and other interested persons and the share held by each.
- The judgment: Under section 64.051, the court decides the rights and interests of the parties and orders partition “if it appears that the parties are entitled to it.”
- Commissioners: Under section 64.061, the court appoints three commissioners to make the partition unless the parties agree on who they will be.
- Sale when a property cannot be divided: Under section 64.071, if partition “cannot be made without prejudice to the owners,” the court may order the property sold and the proceeds “divided among the parties in proportion to their interest.”
- Costs and attorneys’ fees: Under section 64.081, each party pays a share of the costs, including attorneys’ fees, “to be determined on equitable principles in proportion to the party’s interest.”
Frequently Asked Questions About Partition Actions
Who can file a partition action?
Under section 64.031, any one or more joint tenants, tenants in common, or coparceners can file against their co-owners and others with an interest in the property.
Will the court divide the property or sell it?
If the property can be fairly divided, the court can divide it. If the commissioners report that partition cannot be made without prejudice to the owners, the court may order a sale and divide the proceeds by each party’s interest under section 64.071.
Who pays the attorneys’ fees?
Under section 64.081, every party pays a share of the costs, including attorneys’ fees related to services that benefited the partition, determined on equitable principles in proportion to each party’s interest.
Protect Your Share of the Property
Whether you want to sell, want to keep the property, or have been served with a partition complaint, we can help you understand your options and protect your interest. Call Westchase Law, P.A., at 813-490-5211 or 877-259-2394 to schedule a consultation.