Resolve Co‑Ownership Disputes the Right Way –
With a Plan, Statutory Precision, and an Advocate Who Knows the Terrain
When co‑owners of Florida real estate can’t agree—on selling, refinancing, living arrangements, improvements, or buyout terms—the law gives you a clean, court‑supervised exit called a partition action. In plain English: partition is the process of separating or selling jointly owned property so each owner receives their fair share.
Ryan S. Shipp, Esquire, and Law Office of Ryan S. Shipp, PLLC help Floridians and investors navigate partition from strategy to closing—often while preserving leverage, compressing timelines, and reducing risk.
Quick Overview
- What it is: A chancery (equity) action to divide co‑owned property. If a fair physical split isn’t feasible, the court orders a sale and splits the proceeds.
- Who can file: Any joint tenant, tenant in common, or other person with an ownership interest.
- Where to file: In a Florida county where any part of the land lies.
- Two paths: (1) Partition in kind (physical division) or (2) Partition by sale (open‑market or auction) with proceeds divided.
- Special rule for family‑inherited property: Florida adopted the Uniform Partition of Heirs Property Act (UPHPA)—which adds buyout rights, court‑ordered appraisals, and extra fairness safeguards for certain family‑owned properties.
How Partition Works In Florida (Step‑by‑Step)
1) Case Assessment & Strategy
- Confirm the type of title (tenants in common, joint tenants, survivorship, etc.).
- Identify all co‑owners, lienholders, and their addresses.
- Pull the chain of title, survey, HOA/condo docs, leases, tax/insurance records, and improvements history.
- Evaluate whether a contractual waiver of partition exists (e.g., in a settlement or operating agreement) and whether it’s enforceable and time‑limited.
2) Filing the Lawsuit
- We file a complaint that describes the property, lists the owners, states each party’s fractional interest, and requests either partition in kind or partition by sale.
- Venue is proper in any county where the land lies.
3) Establishing Interests & Feasibility
- The court adjudicates each party’s ownership and percentage.
- If a fair physical split is possible (e.g., large acreage), the court may order partition in kind.
- If a fair split cannot be made without harming value or fairness, the court orders partition by sale.
4) Commissioners, Appraisals, & Sales
- For in‑kind division, the court appoints commissioners to map and allocate parcels (often with a surveyor).
- For sales, the court may appoint a disinterested broker and set a listing price based on an appraisal; if no qualifying offer arrives in a reasonable time, the court can approve the best offer, redo value, or pivot to sealed bids or auction.
5) Costs, Credits, and Attorneys’ Fees
- Florida courts use equitable accounting to adjust for taxes, mortgage, insurance, HOA, necessary repairs, and improvements paid by one co‑owner for the property’s benefit.
- Reasonable attorneys’ fees and costs may be awarded and are typically shared in proportion to ownership or taken from sale proceeds.
6) Final Judgment & Quiet Title
- The final judgment vests title (for in‑kind partitions) or confirms the sale and directs distribution of proceeds, quieting title as among the parties.
The Uniform Partition Of Heirs Property Act (UPHPA)
If the property qualifies as “heirs property” (certain family‑acquired, tenancy‑in‑common holdings without a binding partition agreement), Florida’s UPHPA adds important safeguards:
- Court‑Ordered Valuation: The court determines fair market value—usually by appointing a licensed, disinterested appraiser—before any sale.
- Cotenant Buyout Right: Co‑owners who prefer to keep the property can buy out the interests of those seeking a sale at the court‑determined value.
- Preference for In‑Kind Division: Courts favor partition in kind unless it would prejudice the group; when dividing, judges consider practical divisibility, market impacts, family attachment, historic use, and contributions.
- Open‑Market Sale First: If sale is necessary, the default is an open‑market listing with a licensed Florida broker at the court‑set value; sealed bids or auctions are used only when they’re better economically for the group.
These tools are designed to prevent fire‑sale outcomes, protect generational wealth, and ensure transparency.
Common Situations We Handle
- Breakups between ex‑partners or unmarried co‑owners who bought a home together but can’t agree on exit terms.
- Inherited properties with siblings/cousins split on whether to keep or sell.
- Investment disputes—one investor wants liquidity; others want to hold.
- Unequal contribution conflicts—one owner paid the mortgage/taxes or funded major repairs and wants credits.
- Access or occupancy disagreements—one owner is living in the home; the other wants rent or resolution.
Why Work With Ryan S. Shipp, Esquire
- Partition & Real‑Estate Litigation Focus: We bridge litigation strategy with real‑estate execution—title, brokers, surveys, closings.
- Speed with Leverage: Early demand packages, structured buyout proposals, and negotiated stipulations can compress timelines and costs.
- Crediting & Accounting Mastery: We build the evidentiary record for equitable accounting (credits/setoffs for carrying costs, necessary repairs, and value‑enhancing improvements).
- UPHPA Experience: We navigate valuation, buyout elections, and the economic‑advantage tests that can make or break outcomes.
- Closing Capability: Through trusted closing partners, we help move from judgment to closing without losing value.
What You Should Gather Now
- Most recent deed(s) and any agreements touching partition or sale
- Mortgage statements, tax and insurance records, HOA/condo ledgers
- Receipts for repairs, improvements, and carrying costs
- Rent/occupancy details, if someone lives there or leases it out
- Any broker opinions or appraisals you already have
Strategic Options Before Filing
In most circumstances, before filing a partition lawsuit, we recommend sending out a stern demand letter to the other owners of the property. This demand letter should provide numerous options and explain to the other owners of the property, that reaching a resolution prior to a partition suit is best, as it saves all parties both time and money. However, if the other property owner(s) are not interested, as a last resort, a partition action will be filed. If all property owner(s) are able to reach a resolution at this pre-suit stage, reducing the terms to writing and having a pre-suit settlement agreement resolves the dispute. Essentially, it gives the parties a roadmap and also a contractual document that can be sued on in the event of a default, which means (it most circumstances) that a partition lawsuit would no longer be necessary. Some terms to consider for a possible resolution in a demand letter are:
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- Buyout Offers: Present a documented offer built around court‑style valuation and credits—often faster and cheaper than filing first.
- Listing Agreements: Agree to list at an objective price with a timeline and automatic price steps if it doesn’t move.
- Standstill/Use Protocols: Temporary agreements on occupancy, showing access, repairs, and expense‑sharing to stabilize the property during talks.
If talks stall, filing preserves your rights and can unlock court tools (commissioners, buyout elections, and sale procedures).
Frequently Asked Questions
Is partition a “right” in Florida?
Generally, yes. A co‑owner who hasn’t validly waived partition for a reasonable and definite period can seek partition. Certain agreements can limit or postpone partition—our first step is to evaluate any purported waiver.
Will the court always force a sale?
No. If the property can be fairly divided without harming overall value, courts may partition in kind. If a fair split isn’t practical, expect a sale with proceeds divided.
What about the money one owner spent on the property?
Courts can award credits/setoffs for taxes, mortgage, insurance, and necessary repairs. Value‑enhancing improvementsmay support unequal in‑kind allocations or additional credits.
How are attorneys’ fees handled?
Courts can award reasonable fees and costs, typically shared in proportion to ownership or deducted from each party’s sale proceeds. We work to align fee requests with the benefit conferred to the common estate.
How long does this take?
Timelines vary with complexity and cooperation. Negotiated resolutions can be reached in weeks; contested UPHPA cases with valuation and buyout stages take longer. Starting early with the right documents helps.
Can one co‑owner live in the property during the case?
Often yes, but the court can address use and possession issues, showings, repairs, insurance, and interim cost‑sharing to protect the asset.
Our Partition Playbook
- Intake & Title Review → confirm interests, liens, and any partition limitation (title search).
- Valuation & Accounting Prep → assemble credits/expenses, improvements, and current market data.
- Demand & Offer Stage → structured buyout or sale framework (price, credits, timeline).
- File & Prosecute → complaint, service, discovery, valuation, commissioners or broker appointment.
- Resolution → in‑kind judgment with legal descriptions or open‑market sale; collect and distribute proceeds.
The Closing Argument
If you’re locked in a co‑ownership dispute—or just want a graceful exit—contact Law Office of Ryan S. Shipp, PLLC @ 561.699.0399 for a priority partition consult. We’ll evaluate your goals, the property’s economics, and the leverage points to get you to a clean finish.
Disclaimer: This page is for general information only and is not legal advice. Every case is unique; please consult counsel about your specific facts.
For The Statute‑Curious
Florida’s partition framework lives in Chapter 64, Florida Statutes. Highlights include:
- Jurisdiction & Venue: Actions are in chancery; bring the case in any county where the land (or part) lies.
- Parties & Pleadings: Any co‑owner may file; the complaint must identify the land, all owners, and each share.
- Judgment & Commissioners: Court adjudicates rights; may appoint three commissioners to divide land or recommend sale.
- Sale When Not Divisible: Court may order public sale; default to open‑market for heirs property, with mortgage/security for any credit terms.
- Fees & Costs: Equitable fees/costs, including attorneys’ fees, may be apportioned or paid from sale proceeds.
- UPHPA (Heirs Property): Appraisal, buyout rights, in‑kind preference with fairness factors, and open‑market first.*
Ask us how these protections can be used to safeguard family property—or to structure a fair exit when co‑owners disagree.
