When co-owning property with others, whether it's inherited family land, an investment property, or a shared home, disagreements can arise. If the co-owners can't agree on what to do with the property, Florida law provides a legal remedy known as a partition action. But what many people don't realize is that not all partition actions are the same.
The two most common outcomes are:
- Forced sale (partition by sale)
- Physical division (partition in kind)
Understanding the difference between these two types of partitions—and knowing which one makes sense for your situation—can save you time, money, and a lot of stress.
In this blog post, we'll explain how each type of partition works, when they apply, and what you should consider before taking legal action.
What Is a Partition Action in Florida?
If you're searching for "how to resolve property disputes between co-owners," you're probably looking for information on partition actions.
A partition action is a legal process used to divide property between co-owners who can't agree on what to do with it. This commonly happens when:
- Siblings inherit property together and don't agree on keeping or selling it
- Business partners co-own real estate but want out of the partnership
- Unmarried couples purchase property together and later separate
Under Florida law, any co-owner has the right to seek a partition, regardless of how small their ownership share may be.
What Is a Forced Sale (Partition by Sale)?
When co-owners can't physically divide the property, the court may order a sale.
In a forced sale, the court orders the property to be sold, usually at a public auction or through a court-appointed representative. The proceeds are then divided among the co-owners based on their ownership percentages.
This is the most common type of partition when the property:
- Can't be divided physically without losing value
- Is a single-family home, condo, or small parcel
- Has co-owners who are unwilling to buy each other out
Pros of a Forced Sale:
- Quick resolution
- Each owner receives a fair share of proceeds
- Court ensures fairness if one party is uncooperative
Cons of a Forced Sale:
- Properties sold via court order may fetch lower market prices
- Emotional loss for owners with sentimental attachment
- Legal fees and sale costs reduce the final amount received
What Is a Physical Division (Partition in Kind)?
Can the property be divided and distributed without selling it?
A partition in kind physically divides the property among the owners, allowing each to walk away with their own separate parcel. This is more common for:
- Larger land parcels (like vacant lots or farmland)
- Properties where boundaries can be reasonably redrawn
- Co-owners who wish to keep ownership but separately
However, courts rarely favor partition in kind unless the division is practical and doesn't diminish the property's value.
Pros of a Physical Division:
- Co-owners retain ownership of land
- Avoids a public sale
- More personal control over the property
Cons of a Physical Division:
- Not always feasible—especially for homes or small lots
- Potential disputes over who gets what portion
- Costs of surveying and legally dividing the land
How Do Florida Courts Decide Between Forced Sale and Physical Division?
If you're searching, "Can I keep my share of property if someone sues for partition in Florida?" the answer depends on how easily the property can be divided.
Courts consider:
- Whether dividing the land would unfairly affect its value
- Whether physical division is practical given the property's size, use, or features
- Whether all parties would benefit more from a sale
If the court finds that physical division is impractical or would hurt the overall value, it will likely order a forced sale.
What Are Your Options Before Filing a Partition Lawsuit?
Before you file a partition lawsuit, consider:
- Negotiating a buyout: If you want to keep the property, offer to buy out the other owner(s)
- Agreeing to sell voluntarily: Avoid litigation by agreeing on sale terms privately
- Mediation: Sometimes, a neutral third party can help reach a resolution without going to court
At Ayala Law, we help clients explore all practical options first, and only file a lawsuit when it's the most strategic path forward.
Should You Hire an Attorney for a Partition Case?
Yes. Partition cases may sound straightforward, but they're rarely simple in practice. Disagreements over value, expenses, or use of the property can turn into lengthy legal battles. An experienced attorney can help:
- Evaluate your legal position
- File or defend a partition action
- Negotiate a buyout or settlement
- Ensure the process protects your interests
Conclusion: Which Partition Is Right for You?
Deciding between a forced sale or physical division depends on your property type, goals, and co-owners' willingness to cooperate.
- If the property can't be divided fairly, a forced sale may be the only solution.
- If the property is large enough to split and all parties want to retain ownership, partition in kind may be possible.
At Ayala Law, we handle partition actions across Florida and advise clients on the most strategic, cost-effective way to resolve co-ownership disputes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
