Florida Partition Law FAQs

Jurisdiction: All actions for partition are in equity.

Venue: Partition shall be brought in any county where the lands or any part thereof lie that are the subject matter of the action.

Parties: The action may be filed by any one or more joint tenants, tenants in common, or coparceners against their cotenants, coparceners, or others interested in the lands to be divided.

Complaint: The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands according to the best knowledge and belief of the plaintiff, the quantity held by each, and such other matters, if any, as are necessary to enable the court to adjudicate the rights and interests of the party. If the names, residence or quantity of interest of any owner or claimant is unknown to the plaintiff, this shall be stated. If the name is unknown, the action may proceed as though such unknown persons were named in the complaint.

Judgment: The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it. When the rights and interests of plaintiffs are established or are undisputed, the court may order partition to be made, and the interest of plaintiffs and such of the defendants as have established their interest to be allotted to them, leaving for future adjustment in the same action the interest of any other defendants.

Special Magistrate for Indivisible Property—If a pleading says that the property to be divided is indivisible and can’t be divided without hurting the owners, or if a judgment of division is made and the court agrees, any party can ask the court to appoint a special magistrate or the clerk to sell the property. The sale can be done privately or as per section 64.071.

Here’s how the court handles partition and sale of land:

Order of Sale: the court can order the land to be sold at public auction to the highest bidder. The money from the sale goes into the court, and the parties split it based on their share.

Costs, Taxes, and Attorneys’ Fees: Everyone involved in the partition and sale is responsible for paying a share of the costs, including attorneys’ fees. The fees are based on how much each party helped and how much it benefited the partition. This judgment applies to all the parties’ goods, chattels, lands, or tenements. If the land is sold, the court can order the costs and fees to be paid or kept out of the sale money and given to the parties who should pay them. All taxes, state, county, and municipal, that are due at the time of the sale, are paid out of the purchase money.

Call a Florida Partition Lawyer: It’s best to have a lawyer who knows about partition and sale of land. You can contact Florida partition lawyer Andrew J. Pascale at 877-667-1211 to talk about your case. This blog doesn’t give legal advice, and it’s just for illustration purposes. Learn more here: https://www.flforeclosuredefensefirm.com/practice-areas/real-estate-and-foreclosure-defense/everything-you-want-to-know-about-partition-lawsuits