Partition by Sale vs. Partition in Kind: Which Is Right for Your Florida Property Dispute?

HomeReal EstatePartition by Sale vs. Partition in Kind: Which Is Right for Your Florida Property Dispute?

Partition by Sale vs. Partition in Kind: Which Is Right for Your Florida Property Dispute?

Partition by Sale vs. Partition in Kind: Which Is Right for Your Florida Property Dispute?

When Co-Owners Can’t Agree on Real Estate

Shared property ownership doesn’t always go as planned. Family inheritances, joint investments, or business partnerships can lead to disputes when one owner wants to sell and another doesn’t. In Florida, the solution often comes through a partition action—a legal process that divides property or forces its sale.

At St. Johns Law Group, we guide clients through these cases to protect their rights and achieve fair outcomes.

What Is a Partition Action?

Under Florida Statute 64.081, co-owners have the right to ask the court to end joint ownership of property. The court can order one of two outcomes:

  • Partition in Kind – The property is physically divided among the co-owners.

  • Partition by Sale – The property is sold, and proceeds are divided between the parties.

Partition in Kind – Physical Division of Property

Partition in kind works best for:

  • Large tracts of land that can be divided without reducing value

  • Agricultural, rural, or undeveloped property

  • Cases where co-owners agree on clear boundaries

The benefit: Each owner keeps a portion of the real estate.
The drawback: Often impractical for residential homes, condos, or smaller lots.

📌 Related service: Quiet Title Attorneys

Partition by Sale – Selling and Splitting Proceeds

When property can’t be fairly divided, the court may order a partition by sale. This is common for:

  • Single-family homes or condos

  • Commercial buildings with shared infrastructure

  • Inherited vacation homes where multiple heirs disagree

The benefit: Provides a clean break and financial division.
The drawback: You may be forced to sell property you hoped to keep.

📌 Explore more: Real Estate Litigation

Alternatives to Court-Ordered Partition

Not all disputes require litigation. Alternatives include:

  • Buyout Agreements – One owner purchases the others’ interests.

  • Mediation – Neutral facilitation to find compromise.

  • Amendments to Ownership Agreements – Clarifying rights and obligations to prevent disputes.

📌 See also: Real Estate Contracts & Amendments

FAQs About Partition Actions in Florida

Can I be forced to sell my property?
Yes. If co-owners can’t agree, the court may order a sale and divide proceeds.

How are sale proceeds distributed?
Typically by ownership percentage, but courts may consider expenses paid by one party (like taxes, mortgage, or repairs).

Can I avoid court?
Yes. Many cases resolve through negotiated buyouts before litigation concludes.

Call St. Augustine Partition Attorneys

📞 Call 904.495.0400 or Contact Us today.

At St. Johns Law Group, we help co-owners navigate partition actions and property divisions—whether through negotiated agreements, partition in kind, or court-ordered sales.