What to Expect When Filing a Partition Action in Florida

Learn how a Partition Action can help resolve property co-ownership disputes in Florida and what to expect in the legal process.

Emma and her brother, Daniel, inherited a waterfront condo in Miami. Emma wanted to sell the property and split the proceeds, while Daniel refused to sell, insisting on keeping the condo for personal use. After months of failed negotiations, Emma decided to file a Partition Action. She expected a quick resolution but was surprised by the complexity of the legal process. Between property appraisals, court filings, hearings, and mediation attempts, the case took nearly a year to conclude. However, with the help of an experienced attorney, Emma was able to secure a fair sale of the condo, ensuring she received her rightful share of the proceeds. Her experience highlights the importance of understanding the Partition Action process before filing.

Introduction

If you co-own property in Florida and your co-owners refuse to cooperate in selling or managing it, a Partition Action may be your only legal solution. But what does this process involve? How long does it take? And what should you expect at each stage? Understanding these steps in advance can help you prepare, avoid surprises, and ensure a smoother legal journey.

Step-by-Step Legal Process of a Partition Action

1. Filing the Lawsuit

The first step in a Partition Action is filing a legal complaint with the court. The lawsuit must outline:

• The details of the co-owned property
• Each party’s ownership interest
• The request for a Partition by Sale (forcing a sale) or Partition in Kind (dividing the property)
• Any additional claims, such as disputes over property expenses

Once the lawsuit is filed, the co-owners (defendants) must be legally notified and given the opportunity to respond.

2. Property Appraisal and Market Valuation

To ensure a fair division of proceeds, the court typically orders a property appraisal. A certified real estate appraiser will determine the current market value of the property, which plays a crucial role in negotiating buyouts, settlements, or court-ordered sales.

3. Mediation and Settlement Attempts

Before proceeding to trial, Florida courts often encourage mediation. In mediation:

• A neutral third-party mediator helps co-owners explore settlement options
• One party may agree to buy out the other’s share
• The parties might agree to sell the property outside of court and split the proceeds

Mediation is often quicker and less expensive than litigation and allows for more flexible resolutions.

4. Court Hearings and Litigation (If No Settlement Is Reached)

If mediation fails, the case proceeds to litigation. During this stage:

• The judge reviews property ownership documents and financial records
• Evidence is presented regarding the best course of action (sale vs. division)
• Expert witnesses, such as real estate appraisers, may provide testimony

Based on the evidence, the judge will issue a final ruling on whether the property should be sold, divided, or handled in another manner.

5. Sale or Division of the Property

Once the court issues a Partition by Sale, the property is typically:

• Sold at a public auction or private sale
• The proceeds are divided among co-owners based on their ownership percentage

If the ruling is for a Partition in Kind, the property will be physically divided into separate ownership portions, though this is rare for homes and commercial buildings.

How Long Does a Partition Action Take?

The timeline for resolving a Partition Action varies based on several factors:

• Simple cases (6–9 months): If co-owners cooperate and mediation is successful, the process can be resolved quickly.
• Moderate cases (9–12 months): If mediation fails but litigation is straightforward, the case can still be resolved within a year.
• Complex cases (12+ months): If co-owners contest the valuation, dispute expenses, or delay proceedings, the case can extend beyond a year.

How to Prepare Before Going to Court

If you’re considering filing a Partition Action, here’s how to prepare:

• Consult an Attorney: An experienced real estate lawyer will guide you through the process and protect your financial interests.
• Gather Documentation: Ownership deeds, mortgage records, property tax receipts, maintenance expenses, and any communication between co-owners should be documented.
• Understand Your Desired Outcome: Do you want a buyout? A forced sale? A legal settlement? Knowing your goal in advance will help you negotiate a better resolution.

FAQs About Partition Actions in Florida

1. Can I file a Partition Action without a lawyer? While legally possible, Partition Actions are complex and require knowledge of property valuation, court procedures, and negotiations. Hiring an attorney improves your chances of success.
2. What happens if my co-owner refuses to participate? If a co-owner refuses to engage, the court may proceed with the Partition Action in their absence, potentially forcing a sale without their cooperation.
3. Do I have to pay court fees and legal costs upfront? Legal costs, including attorney fees and court filing costs, must be covered initially. However, in some cases, these expenses may be deducted from the final sale proceeds.
4. What if the property is mortgaged? If the property has an outstanding mortgage, the sale proceeds will be used to pay off the remaining balance first, with any leftover funds distributed among the co-owners.
5. Can a Partition Action be stopped? Yes, if all parties agree to a settlement before the final ruling, the case can be dismissed. A buyout agreement or a voluntary sale outside of court can also resolve the dispute before legal proceedings conclude.

Final Thoughts

Filing a Partition Action can be a complex and time-consuming process, but with the right legal strategy, you can protect your financial interests and reach a fair resolution. Whether you need to force a sale, defend your property rights, or negotiate a buyout, an experienced real estate attorney can make all the difference in achieving a successful outcome.

📞 Ready to take the next step? Book a free consultation today!

Why Choose Renee Marie Smith, Esq.?

With extensive experience in Florida real estate law, Renee Marie Smith, Esq. specializes in guiding clients through complex property disputes, including Partition Actions. Her dedication to achieving equitable outcomes and preserving property value sets her apart as a trusted advocate for real estate matters.

_____

Facing a property dispute? Contact us today to discuss your case. Our team is here to help you navigate the complexities of property law and protect your interests.

Please give us a call at (904) 310 – 5133 and let our friendly staff answer any questions you may have.