Florida Real Estate Partition Explained (Forced Sale of Property)

The term “partition” means dividing up something that’s shared between people. It applies to things like joint tenancies and tenancies in common. If you own land with someone else, and you both want to split it up, you can ask a court to help you do that.  The goal of a partition action is to make sure everyone gets what they’re owed, not to get back the whole thing. It’s about dividing the land fairly and equally, so that everyone can live happily and enjoy their share.  Partition cases are usually in court, and they’re called “in rem” actions because the property itself is the focus. The court will look at all the evidence and decide what’s fair and just.  Partition can be done either by agreement or by court order. If you and your partner agree to split up the land, you can do it together. If you can’t agree, you can take the case to court and let the judge decide.  The shares and interests of the people involved in a partition case are determined by what the court says they’re entitled to, not by what they say they want.

Accountings for Jointly Owned Property and Improvements

In a partition proceeding, an accounting is crucial to determine whether each co-tenant has paid their proportionate share of the property’s expenses and to adjust the co-tenants’ accounts accordingly. 

At the time of the division of jointly owned property, a co-tenant is entitled to credit for half of the expenses incurred for necessary and reasonable repairs, maintenance, and replacements that preserve the property. Additionally, a paying co-tenant is also entitled to credit for improvements made to jointly held property to the extent that such improvements increase the property’s value at the time of partition, but not for the cost of the improvements themselves. Therefore, for a co-tenant to be eligible for credit for improvements made to property that has since been partitioned, they must demonstrate the extent to which the improvements enhanced the property’s value. When a partition is sought, it is advisable to grant an accounting between the co-tenants upon request. 

The rule that a cotenant who improves the common estate may be allowed compensation where the improvements enhance the value of the estate is subject to the qualification that such improvements must be made in good faith with no purpose or intention of embarrassing the other joint owners, hindering partition, or encumbering the estate.  Generally, a cotenant out of possession is entitled to claim the reasonable rental value of the property as an offset against the claim of the cotenant in possession for amounts expended in the improvement of the property. Where the record in the case fails to show the reasonable rental value of the property and the cotenant out of possession fails to present evidence from which such value may be determined, however, the cotenant is not entitled to complain of the partition judgment’s failure to provide for the offset. Diedricks v. Reinhardt, 466 So. 2d 375 (Fla. 3d DCA 1985).

Payment of Taxes

In a partition sale, all state, county, or municipal taxes due on the property must be paid from the purchase money. The trial court can also order the satisfaction of an IRS lien from the sale proceeds.

Distributions of Sale Proceeds

Before distributing the proceeds from a partition sale, a trial court must first ascertain each party’s ownership percentage of the property. Subsequently, the court must identify any reimbursable expenses incurred post-closing and calculate each party’s proportionate share based on their ownership percentage. See Lupo v. Lawson, 301 So. 3d 366 (Fla. 2d DCA 2020).

Jacksonville Partition Lawyer

Whether you’re thinking about filing for partition to split up a house or have been served with a Complaint, it’s a wise to speak with a lawyer who can help educate you. You can call Jacksonville area partition lawyer Andrew J. Pascale at 877-667-1211 to talk about your options confidentially.  This blog does not constitute legal advice and is for illustrative purposes only.