Owning real estate with another person can work smoothly – until it doesn’t. Disagreements between co-owners about how to use, manage, or sell property are common, particularly in situations involving inherited property, former business partners, or former spouses. When the parties can’t agree, Florida law provides a legal remedy known as a partition action.

A partition action allows a court to divide the property fairly between the owners. In some cases, the property can be physically divided, with each owner receiving a separate portion. However, when a physical division isn’t practical – such as with a single home or commercial building—the court may order the property to be sold and the proceeds divided according to each party’s ownership interest.

Florida courts have broad authority in partition cases, including the ability to account for contributions one co-owner has made toward mortgage payments, property taxes, insurance, and improvements. This means that if you’ve invested more into the property than your co-owner, you may be entitled to a greater share of the proceeds.

Partition actions can be emotionally and financially complex, especially when family members are involved. While they provide a path to resolution, they also require careful preparation and a clear understanding of your rights. If you find yourself in a deadlock with your co-owner, consulting a knowledgeable Florida real property attorney early can help you navigate the process and protect your investment.