What is a Partition Action?

A partition action is a legal process used to divide real property among co-owners when they cannot agree on the division themselves. In Florida, this often occurs when property is owned jointly or as tenants in common, and one or more parties want to terminate the shared ownership. A property owned solely by one person or business cannot be subject to partition. There must be at least two owners.

There are two main types of partition: 1) Partition in Kind: The physical division of the property, where each owner receives a portion of the property. This method is used when it is practical to divide the property without affecting its value. 2) Partition by Sale: If a physical division is not practical or would diminish the value of the property, the court can order the property to be sold. The proceeds from the sale are then divided among the co-owners according to their ownership interests. This is the most common type of partition in Florida.

A partition action is initiated by filing a Complaint in the circuit court in the county where the property is located. The Complaint should detail the nature of the property, the interests of the co-owners, the desired type of partition and a request for any permitted credits for money spent towards the property. The Court will typically appoint a magistrate to oversee the process. This may involve evaluating the property, recommending the type of partition, and overseeing a sale if necessary. If the property is sold, the proceeds are first used to pay off any encumbrances (like mortgages or liens) and expenses related to the sale and lawsuit. The remaining funds are distributed to the owners based on their respective shares and contributions to the property. Co-owners can contest the action in limited circumstances, arguing against the proposed division and percentage of ownership. Disputes may also arise over the valuation of the property and the calculation of each owner’s share.

Partition actions can be complex, involving legal, financial, and emotional considerations. It’s often advisable for parties involved in a partition action to seek legal counsel to navigate the process effectively. Chapkin Law, specializing in real estate and contract law, can provide valuable guidance and representation in these cases.