Partition in Florida: Legal Process, Defenses, and the Uniform Partition of Heirs Property Act

Partition in Florida is a legal process that allows property co-owners to divide real estate or, if division is not possible, to sell it and distribute the proceeds. Unlike other real property actions such as ejectment or quiet title, partition arises in equity and is based on a common title rather than competing ownership claims. This equitable remedy ensures that joint owners who no longer wish to co-own property can fairly separate their interests.

What Property Can Be Partitioned?

Florida law allows co-owners to partition both real and personal property. Partition may also apply to mineral rights in land. However, not every property interest qualifies.

Parties Eligible to Partition Property:

• Joint tenants
• Tenants in common
• Coparceners
• Beneficiaries of a “dry trust”
• Homestead property after the death of the homestead devisor

Parties Not Eligible to Partition Property:

• Tenants by the entirety (before divorce)
• Remaindermen or reversionary interest holders
• Life estate holders
• Bankruptcy trustees
• Personal representatives (unless specifically authorized by statute, e.g., Fla. Stat. § 733.814)

Partition Lawsuits in Florida

Parties file partition actions in the county where the property lies, and circuit courts usually handle them as equitable suits. Florida circuit courts typically handle partition suits, though the law is unsettled on whether this applies in all cases regardless of property value.

Requirements of a Partition Complaint

By statute, the complaint must state:

1. A legal description of the property.
2. Names and addresses of all owners and interested parties.
3. Each owner’s fractional interest.
4. A demand for partition.

Importantly, a written demand for partition must be included; otherwise, the court cannot order partition.

Defenses to Partition Actions

Not every partition claim will succeed. Defendants may raise several defenses, including:

• Superior title – A party who cannot prove sufficient title cannot maintain a partition action. Partition is not a substitute for testing ownership.
• Agreement not to partition – Written agreements to waive partition are enforceable; oral agreements usually are not due to the Statute of Frauds.
• Manifest injustice – Although rare, courts may deny partition if it would result in significant unfairness.

Even if some parties oppose partition, courts generally must grant it unless extraordinary circumstances exist.

The Partition Process: Trial and Division

At trial, the plaintiff must prove both:

• The allegations in the complaint, and
• A valid chain of title showing ownership.

When the court grants partition, it appoints commissioners to divide the property. Commissioners act as officers of the court, not independent decision-makers. They may:

• Employ a surveyor to assist, and
• File a report recommending how to divide the property.

Parties may file objections within 10 days of the report. If no objections are filed, the report is confirmed.

When Partition by Sale Is Ordered

If the property is indivisible or division would unfairly prejudice a party, the court may order a partition sale. The court may order a public auction of the property, and co-owners can often submit a credit bid equal to their ownership share.

Attorney Fees and Costs in Partition

Florida law authorizes courts to award attorney fees and costs in partition actions. The court allocates fees equitably among the parties based on their ownership interest and the benefit received from the action.

Uniform Partition of Heirs Property Act (UPHPA) in Florida

Florida adopted the Uniform Partition of Heirs Property Act (UPHPA) in 2020, which modernizes partition law for property passed down through families.

When the UPHPA Applies:

1. Property is held in tenancy in common.
2. At least one co-owner acquired title from a relative.
3. At least 20% ownership is held by relatives or heirs.

Key Features of the Act:

• Court must order an appraisal within 30 days to establish fair market value.
• Co-tenants receive the first right to buy out other owners.
• If a buyout fails, the court may order partition in kind (physical division) or a partition sale.

The UPHPA protects heirs from losing generational property to unfair forced sales by ensuring fairness in valuation and division.

Partition remains an important legal remedy for co-owners of property who cannot agree on its use or disposition. Partition ensures a fair resolution when co-ownership breaks down by dividing the property physically or selling it.

Because partition actions involve complex title issues, statutory requirements, and defenses, consulting with an experienced Florida real estate attorney is critical.

Facing a property co-ownership dispute? A Florida partition attorney can help you protect your rights, prove ownership, and secure a fair outcome.

FAQs About Partition in Florida

1. What is partition in Florida real estate law?

Partition is a lawsuit allowing co-owners of property to divide or sell it and distribute proceeds.

2. Can personal property be partitioned?

Yes. Both real and personal property, including mineral rights, may be partitioned.

3. Can heirs force partition of family land?

Yes. Under the Uniform Partition of Heirs Property Act, heirs can force partition but co-tenants have the right to buy out interests first.

4. Can attorney fees be awarded in partition cases?

Yes. Florida courts may allocate attorney fees and costs among the parties.

5. Can partition be prevented by agreement?

Yes, but only if there is a written agreement not to partition. Oral agreements are generally unenforceable.

6. What happens if property cannot be divided?

The court may order a partition sale, with proceeds distributed based on ownership shares.

For more, see Florida Statutes Chapter 64 – Partition of Property.