Partition Action & Property Division Attorneys in St. Augustine, Florida

Resolving Property Ownership Disputes in St. Augustine and Northeast Florida

At St. Johns Law Group, we help co-owners of real estate resolve disputes through Florida partition actions. When multiple people share ownership of a property—whether through inheritance, investment, or joint purchase—and cannot agree on what to do with it, a partition lawsuit may be necessary to protect your rights and force a fair resolution.

Our Attorneys have handled 100’s of Partition Actions

Residential Partition to Complex Commercial Land Develop

Our attorneys are experienced in handling partition actions involving residential homes, inherited properties, investment real estate, vacant land, and commercial property. We serve clients throughout St. Augustine, St. Johns County, and the surrounding counties in Northeast Florida.

What Is a Partition Action in Florida?

Under Florida Statutes Chapter 64, a partition action is a legal proceeding filed in circuit court to divide property among co-owners when they cannot agree on how to do so voluntarily. Florida law provides co-owners with the right to seek judicial partition, regardless of whether the other owners consent.

There are two common types of partition:

• Partition by Sale – The property is sold (often through court-supervised public sale or private sale), and the proceeds are divided among the co-owners based on their ownership interests.

• Partition in Kind – The property is physically divided between the owners, which is only feasible when the land can be split equitably (more common with vacant or rural land).

In most residential and commercial real estate cases, partition by sale is the more practical—and more common—remedy.

How Costs and Attorneys’ Fees Are Handled

Under Florida Statute § 64.081, the court may require all parties to share in the costs of the partition action—including court costs, attorneys’ fees, and related expenses—in proportion to their ownership interests. The statute states:

“Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest.”

– Florida Statute § 64.081

The court may order that these fees and costs be paid out of the proceeds of the sale, and all state, county, and municipal taxes owed on the property at the time of sale must also be paid from the purchase money. This statutory framework helps ensure fairness to all co-owners, particularly when one party initiates the action for the benefit of the whole.

Common Scenarios That Lead to Partition Actions

• Inherited Property with Multiple Heirs
  Siblings or relatives may inherit a home or land together but disagree on whether to sell or keep it.

• Former Couples Who Co-Owned Real Estate
  Unmarried couples who bought property together and later separated may be unable to agree on how to handle the asset.

• Disagreements Between Business Partners or Investors
  Real estate investment partners may wish to dissolve the arrangement or cash out of their interest.

• Joint Owners With Unequal Contributions
  Disputes often arise over improvements, mortgage payments, or property maintenance when ownership rights and financial responsibilities are unclear.

📌 Cluster Link: For related property disputes, see our Quiet Title and Real Estate Contract Disputes & Remedies pages.

Our Legal Services in Partition Cases

The attorneys at St. Johns Law Group offer full-service representation in partition actions, including:

• Filing a partition lawsuit in circuit court

• Negotiating with co-owners to avoid unnecessary litigation

• Establishing rightful ownership percentages

• Seeking reimbursement for improvements or contributions (accounting claims)

• Coordinating property valuation or sale through the court

• Representing clients through mediation, trial, and appeals if needed

We also assist clients in resolving title issues, including removing improper or outdated claims on co-owned property, which often arise in partition disputes.

Why Choose St. Johns Law Group?

• Deep Experience in Real Estate Law
  Our attorneys routinely handle real estate litigation, title disputes, and probate-related real estate matters.

• Local Land Use Knowledge
  With decades of zoning and development experience in St. Augustine, Ponte Vedra, Palm Coast, and across Northeast Florida, we understand the real estate market, highest and best use and local court procedures.

• Efficient Resolution Strategies
  We strive to resolve partition matters efficiently—through negotiation or mediation when possible—and aggressively represent your interests in court when needed.

• Full-Service Firm
  From title issues to probate to sale and closing, we offer legal continuity every step of the way.

📌 Cluster Link: If inherited property matters are involved, consider our Hidden Defects & Johnson v. Davis page for related legal concerns.

FAQs About Partition Actions

What is the difference between partition by sale and partition in kind?

• Partition by Sale: The court orders a sale and splits proceeds.

• Partition in Kind: Property is physically divided among owners, though this isn’t always practical.

Can co-owners avoid a court action?
Yes—through negotiated agreements or buyouts, saving time and legal fees.

How are sale proceeds distributed?
Based on ownership percentages, expenses, and prior agreements.

Will this involve a judge’s decision?
Only if settlement fails. Otherwise, your agreement guides the outcome.

Meet Your Partition Action Team

• Douglas N. Burnett – Founder experienced in real estate, land use, and property disputes.

• John L. Whiteman – Veteran real estate attorney with decades handling complex partition and property law issues.

• Felecia Walker – Relentless advocate, skilled in partition and contract litigation.

Areas We Serve

St. Johns Law Group represents clients in partition actions across:

• St. Augustine

• St. Augustine Beach

• Ponte Vedra Beach

• Nocatee

• Palm Coast

• Vilano Beach

• Hastings

• Palatka

• Green Cove Springs

• St. Johns County

• Flagler County

• Duval County

• Clay County

• Putnam County

• All of Northeast Florida

Contact Our St. Augustine Partition Attorneys Today

If you co-own property and cannot agree on how to divide or sell it, you may have the right to file a partition action under Florida law. Don’t let a property dispute linger—protect your rights with the guidance of an experienced real estate litigation attorney.

📞 Call: (904) 495-0400

📧 Email: info@sjlawgroup.com