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Can Florida Homesteaded Property be Partitioned?
Article X, § 4(a), of the Florida Constitution provides that homestead property “shall be exempt from forced sale under process of any court.” The purpose of a homestead exemption is to prevent creditors from forcing the head of the household to sell the property, not to keep one entitled to possession from realization of it. However, a homestead exemption does not defeat an action for partition.
Florida courts consistently rule that homestead property can be partitioned. In Tullis v. Tullis, 360 So. 2d 375 (Fla. 1978), the Florida Supreme Court decided that the homestead exemption does not stop a cotenant from seeking partition. The court stated, “This court has never held that the homestead provision precludes a common owner of property from suing for partition and obtaining a forced sale to enjoy her interest in the property.” Id. at 377.
Whether marital real property was designated as homestead before, during, or after the Final Judgment of Dissolution of Marriage, it does not prevent partition and sale.
| Case | Year | Court | Ruling |
| Tullis v. Tullis | 1978 | Florida Supreme Court | Homestead exemption does not prohibit partition by a cotenant |
| Sell v. Sell | 2007 | Fla. 3d DCA | Homestead status does not bar partition and sale of marital property |
| Partridge v. Partridge | 2005 | Fla. 4th DCA | Homestead status does not bar partition and sale of marital property |
Deltona Partition Lawyer
Florida homesteaded property can be partitioned. The forced sale of jointly owned property in Florida almost always arises from disputes between co-owners over what to do with the property. Speak with Deltona area partition attorney Andrew J. Pascale, Law Offices of Andrew J. Pascale today at 877-667-1211 to discuss your case. This blog does not constitute legal advice and is for illustrative purposes