St. Johns Law Group · St. Augustine, Florida
St. Augustine Partition Action Attorneys
Co-Owners. Inherited Property. Forced Sale. Accounting. Division of Proceeds.
When co-owners of Florida real estate cannot agree whether to keep, sell, use or divide the property, a partition action can ask the court to separate their ownership interests.
St. Johns Law Group represents co-owners, heirs, investors and property owners in Florida partition litigation involving jointly owned homes, land, investment property, inherited real estate and co-ownership disputes that may arise before, during or after a dissolution of marriage.
Common Partition Disputes
✓One co-owner wants to sell and another refuses
✓Inherited property shared among family members
✓Co-owned real estate affected by divorce or dissolution
✓Mortgage, tax, repair and improvement contributions
✓Accounting and allocation of sale proceeds
When Co-Owners Cannot Agree
A Partition Action Can Separate Joint Ownership
Partition litigation addresses the ownership relationship between people who share title to real estate but no longer agree about what should happen to the property.
The case may involve whether property can be physically divided, whether it should be sold, and how mortgages, taxes, insurance, repairs, improvements and rents should be accounted for.
- Unmarried co-owners
- Inherited family property
- Co-owned real estate connected to divorce or dissolution
- Tenants in common
- Investment-property co-owners
- Vacant land and acreage
- Residential and commercial real estate
How Partition Works
Separate the Property—or Separate the Value
Determine Ownership Interests
Deeds, probate records and title documents establish who owns the property.
Partition in Kind or by Sale
The dispute may concern physical division or sale of the property and division of proceeds.
Account Between Co-Owners
The court may address qualifying claims involving mortgages, taxes, insurance, repairs, improvements or rents.
A partition action is not simply a standard real estate sale.
Ownership rights, accounting claims, liens, costs and procedural requirements can affect what each owner receives.
Common Co-Ownership Disputes
Partition Matters We Handle
Partition cases often combine property rights with financial accounting between co-owners.
One Owner Wants to Sell
One co-owner wants to sell while another wants to keep the property.
Learn More →Inherited Property
Siblings or heirs may disagree over occupancy, expenses, sale or ownership.
Learn More →Unmarried Co-Owners
Former partners, friends or other unmarried owners may need partition.
Learn More →Mortgage Contributions
The parties may dispute mortgage payments and credits.
Learn More →Taxes & Insurance
Taxes, insurance and carrying costs may enter the accounting.
Learn More →Repairs & Improvements
Owners may dispute reimbursement for repairs or improvements.
Learn More →Rental Income
Rental income and expenses may require allocation.
Learn More →Exclusive Occupancy
Use by one owner can raise fact-specific accounting issues.
Learn More →Divorce & Dissolution
Jointly owned real estate may need to be addressed through equitable distribution, settlement, sale or a later co-ownership dispute depending on the case.
Partition & Divorce →Title or Heirship Problems
Partition can overlap with quiet title or probate issues.
Learn More →Resolving Co-Ownership
Buyout or Agreed Sale When Possible. Partition When Necessary.
Negotiated Resolution
Buyout, Sale or Settlement
Co-owners may agree on a buyout, voluntary sale, allocation of expenses or another documented resolution.
Partition Litigation
Court-Supervised Division or Sale
When agreement is impossible, partition can determine disposition and related accounting issues.
Partition & Real Estate Litigation Team
Co-Ownership, Property Rights and Litigation Experience
Real Estate • Complex Litigation
Douglas N. Burnett
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Real Estate • Contracts • Trial Team
Megan Burnett Drysdale
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Civil Litigation • Contracts • Appeals
Alex Nunchuck
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Construction • Property Litigation
Shaun C. Saliba
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Litigation • Property • Business
Eric D. Whitcher
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HOA/Condo • Real Estate Litigation
Hillary N. Mesa
Attorney Profile →Trial-Ready Representation
Building the Partition Case Around Ownership and Accounting
Boundary disputes can require surveys, deeds, plats, historical photographs, witness testimony and expert analysis.
3 Jury Trials • 3 Months • 3 Wins
Recent civil jury-trial results demonstrate the firm's litigation resources. Every case is different; past results do not guarantee a similar outcome.
Partition & Dissolution of Marriage
Co-Owned Real Estate Can Also Become an Issue in Divorce
Disputes over jointly owned real estate can arise when a marriage ends, but property division in a Florida dissolution proceeding is generally governed by the family court's equitable-distribution authority rather than treated automatically as a separate Chapter 64 partition case.
The correct procedure depends on how the property is titled, whether it is marital or nonmarital, what relief has been requested, whether the dissolution remains pending, and whether ownership issues remain after the family case.
- Marital homes and jointly titled real estate
- Investment or rental property owned by spouses
- Property with disputed marital and nonmarital interests
- Post-dissolution ownership or sale disputes
- Coordination between real estate litigation and family law counsel
Divorce and partition are related, but not interchangeable.
Florida dissolution courts have broad authority to distribute marital assets and liabilities. A separate partition analysis may become relevant depending on the ownership interests and procedural posture.
Accounting Between Co-Owners
Who Paid What?
Partition may require accounting for qualifying mortgage payments, taxes, insurance, repairs, improvements, rent and other financial activity.
Division of Proceeds
What Does Each Owner Receive?
Final distribution may depend on ownership interests, liens, costs, credits, charges and other adjustments recognized in the case.
Evidence in Partition Cases
Ownership Is Only the Beginning
Financial records can be as important as the deed when value must be allocated among co-owners.
Deeds & Ownership Records
Recorded deeds establish ownership interests.
Discuss Your Partition Matter →Probate & Heirship Records
Inherited property may require probate and heirship evidence.
Discuss Your Partition Matter →Mortgage & Loan Records
Payment histories can document financing contributions.
Discuss Your Partition Matter →Taxes, Insurance & Expenses
Receipts may support claimed carrying-cost contributions.
Discuss Your Partition Matter →Repair & Improvement Records
Invoices and permits may support claimed expenditures.
Discuss Your Partition Matter →Rental & Occupancy Records
Leases and rent records may matter when property was occupied or rented.
Discuss Your Partition Matter →Partition Action FAQs
Common Questions About Florida Partition Actions
What is a Florida partition action?
A partition action is a court proceeding used to separate co-ownership interests when owners cannot agree what should happen to real property.
Can one co-owner force a sale?
Partition rights depend on ownership, property and Florida law. A co-owner may be able to seek partition even if another owner opposes sale.
What if one owner paid more mortgage or taxes?
Qualifying contributions and offsets may become part of the accounting between co-owners.
What if several family members inherited the property?
Inherited property can be partitioned in appropriate circumstances, although probate or heirship issues may need attention.
Can one owner buy out the others?
A negotiated buyout may resolve the dispute if the parties agree on value, credits and transfer terms.
Can partition settle without trial?
Yes. Buyouts, agreed sales, mediation and settlement can resolve many co-owner disputes.
Local Real Estate Litigation Counsel
St. Augustine Lawyers for Northeast Florida Title Disputes
Hidden-defect claims often involve local property conditions, contractors, inspection records, permits, repair history and witnesses.
St. Johns Law Group represents buyers, sellers and property owners from its St. Augustine office and can draw on attorneys across real estate, construction, HOA/condominium and civil litigation when those issues intersect.
Partition Action & Co-Owner Property Consultation
Resolve a Florida Co-Ownership Dispute.
Tell us about the property condition, disclosure, inspection and post-closing dispute.
Contact St. Johns Law Group
Tell Us About the Co-Owned Property
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