Partition Action Florida: Process, Timeline, & Costs

Owning property with others in Florida doesn’t always go as planned. Disagreements over whether to sell, rent, or keep a property can create stress and financial strain. When co-owners can’t agree, the legal tool that resolves the dispute is a partition action in Florida.

Handling a partition action without an attorney is risky. These cases often involve complex court procedures, competing financial claims, and disagreements over who paid for taxes, mortgages, or improvements. Having an experienced real estate attorney on your side can mean the difference between losing money in a forced sale and walking away with the fair value you deserve.

At Southron Firm, P.A., we help clients across Florida protect their property rights and reach favorable outcomes in partition disputes. Whether you’ve received a letter warning of partition action or you’re considering filing one yourself, we guide you through the process and fight for the best possible result.

Don’t let co-ownership disputes drain your time and money — get legal help now.

What Is a Partition Action?

A partition action is a court process in Florida that allows co-owners of real estate to resolve disputes when they cannot agree on what to do with the property. Under Florida Statutes Chapter 64, any co-owner has the legal right to file a lawsuit asking the court to divide or sell the property.

Florida recognizes three main types of partition:

1. Partition by Division: The property is physically divided among the owners. This is more common with large tracts of land, such as farmland or undeveloped acreage.
2. Partition by Sale: The property is sold, usually through a court-supervised auction, and the proceeds are split according to each owner’s interest. This is the most common outcome in residential or commercial property disputes.
3. Partition by Appraisal: The court orders an appraisal, and one or more owners buy out the others at the appraised value. This option avoids a public sale and often preserves more equity for the owners.

In reality, most partition actions in Florida result in a sale. For example, if three siblings inherit a single-family home in Tampa and two want to sell while one wants to keep it, the court may order the home sold and the proceeds divided based on ownership shares.

When Do You Need a Partition Action in Florida?

A partition action in Florida often comes up during some of the most stressful times in life. We’ve seen clients face these disputes with uncertainty and frustration. Our partition action lawyers helped them protect their property rights, avoid costly mistakes, and reach fair resolutions.

Common situations include:

• Inherited property disputes
• Divorce cases
• Business partnership disputes
• Family disagreements 
• Unequal financial contributions
• Estate administration delays

In each of these situations, one co-owner cannot be forced to remain stuck in ownership against their will. If you’ve received a letter warning of partition action, it means another owner is prepared to go to court. Ignoring it will not make the problem go away — it only puts you at risk of losing money and losing control over how the property is handled.

If you have questions about whether you need a partition action in Florida, our attorneys can give you clear answers and next steps.

How to File a Partition Action in Florida

The process of filing a partition action in Florida follows a specific path through the court system. While the steps may look straightforward, each one carries strict legal requirements and potential disputes that can affect the outcome.

The process to file a partition action in Florida include:

1. File a complaint in the circuit court for the county where the property sits.
2. Serve every co-owner with notice of the lawsuit.
3. The court confirms each owner’s share and any claims tied to the property.
4. The judge decides whether the case calls for division in kind, sale, or an appraisal-based buyout.
5. If the court orders a sale, a magistrate or auctioneer handles the sale under court supervision.
6. After closing, the court distributes the proceeds, accounting for costs, mortgages, taxes, and any credits owed.

Although the procedure seems simple, partition cases are rarely that easy. Disputes often arise over contributions to mortgages, taxes, or repairs, and co-owners frequently challenge property value or timing of the sale. Small mistakes — like missed deadlines or incomplete records — can cause major setbacks or reduce your share of the proceeds.

That’s why experienced legal representation matters. At Southron Firm, P.A., we handle the complexities for our clients, build the evidence needed to secure fair credits, and push cases forward without unnecessary delays. With the right strategy, we help clients protect their financial interests and reach a result that puts them in the strongest position moving forward.

How Long Does a Partition Action Take?

One of the first questions clients ask is how long a partition action in Florida will take. While Florida Statutes Chapter 64 gives co-owners the right to file for partition, it does not set strict deadlines. The timeline depends on how complex the case is and how much disagreement exists between the owners.

A typical timeline for a partition action includes:

1. Uncontested partition actions – When all parties agree on the facts and there are no major disputes, cases can often be completed in six months to one year.
2. Contested partition actions – When co-owners fight over credits, valuations, or ownership shares, the case can stretch to 18 months or longer.

Several factors can affect timing. Disputes over who paid the mortgage, taxes, or repairs can add months to the case. Arguments over property value or attempts to block a sale also cause delays. On the other hand, if the parties are open to negotiation, mediation, or buyouts, the process can move much faster and avoid prolonged litigation.

Time is money in partition cases — protect yours now.

How Much Does a Partition Action Cost?

Cost is often the biggest concern for anyone considering a partition action in Florida. While every case is different, most clients want to know what expenses to expect before moving forward. Partition actions involve both legal fees and court-related costs, and the total depends on the complexity of the dispute and how contested the case becomes.

The costs of a partition action include:

• Attorney’s fees
• Court filing fees
• Appraisal or survey costs
• Special magistrate or auctioneer fees

The good news is that under Florida law, these costs are usually split among all co-owners, not just the person who files the case. In many situations, the court also allows attorney’s fees to be reimbursed from the sale proceeds, which means hiring a lawyer can often pay for itself.

At Southron Firm, P.A., we make sure clients understand the financial side of partition actions upfront, and we work to keep costs under control while fighting to maximize your share of the outcome.

Defenses and Complications in Partition Actions

Although Florida law gives co-owners a clear right to seek partition, these cases often become complicated once the details are contested.

Common issues include:

1. Unequal financial contributions – One owner claims they paid more toward the mortgage, taxes, insurance, or repairs.
2. Property valuation disputes – Co-owners disagree over what the property is worth or how it should be sold.
3. Requests for credits or reimbursements – Owners argue they should be repaid for expenses before the proceeds are divided.
4. Family resistance – Heirs may fight to keep inherited property in the family, even when others want to sell.

At Southron Firm, P.A., we’ve seen how quickly these complications can stall a case and reduce the value of the property. Our attorneys step in to document contributions, challenge inflated or unfair claims, and keep the case moving forward so our clients receive the share they deserve.

How Our Partition Action Lawyers Can Help

At Southron Firm, P.A., we’ve built our reputation on helping Florida property owners resolve complex real estate disputes. Our attorneys combine deep knowledge of Florida partition action law with practical strategies designed to protect your property rights and financial interests.

Here’s how we help clients in partition cases:

• Filing and defending partition actions
• Proving financial contributions
• Challenging unfair claims 
• Negotiating settlements and buyouts
• Maximizing financial outcomes 

Partition disputes don’t get better with time. Waiting often means higher costs, strained relationships, and reduced property value. If you’re facing a property dispute, the sooner you act, the stronger your position will be.

Protect your share of the property — schedule a consultation today.