Partition Actions for a Flat Fee

When real estate is jointly owned, everyone involved hopes that the property will be used, sold, or managed smoothly. Unfortunately, this doesn’t always happen. Disagreements between co-owners are common—perhaps one person wants to sell while another refuses. Maybe one party lives in the home while the other pays the taxes. Or the owners inherited property together, but they cannot agree on what happens next.

The Problem

You share ownership of a home, land, or investment property in Florida, but you cannot reach a fair agreement with the other owner(s). The situation may feel stuck, tense, or financially draining.

The Solution

Filing a partition action—a legal process that allows a court to divide or sell the property so each owner receives their fair share. A partition action can:

• Force the sale of the property when the owners cannot agree
• Divide the property physically when appropriate
• Remove yourself from an unhealthy or unfair ownership arrangement
• Protect your rights and financial interests

Why Partner with Us?

At Arcia Law Office, partition actions are not a side practice—they are a significant focus of our firm. We understand the complexities, deadlines, negotiations, and courtroom strategy these cases require. Our clients benefit from:

• Specialized experience handling partition cases across Florida
• Flat-fee representation, providing predictable and affordable pricing
• Efficient case handling designed to reduce conflict and resolve matters as quickly as possible
• Personalized attention from a dedicated Florida partition action lawyer

If you are ready to move forward and protect your ownership rights, our team is here to help.

Understanding Partition Actions in Florida

Florida statutes govern partition actions and provide property co-owners with a legal means to resolve deadlock situations. Below is a clear, client-friendly overview to help your visitors understand the process.

What Is a Partition Action?

A partition action is a lawsuit filed by one or more co-owners of real estate seeking to have the court divide or sell the property. Any co-owner—whether they own 1% or 99%—has the right to request partition unless there is an enforceable agreement preventing it.

The court may order one of two outcomes:

Partition by Sale

The court orders the property sold, typically through a public auction or, in some cases, a private sale. The proceeds are then divided among the owners based on their ownership percentages. This is the most common outcome, especially when the property cannot be physically divided (e.g., a single-family home).

Partition in Kind

The court physically divides the property if it is practical to do so—usually with large parcels of land. Each co-owner receives a portion of the property that corresponds to their ownership interest.

Who Typically Files a Partition Action?

The need for a partition action often arises from:

• Inherited property shared among siblings or relatives
• Divorced or separated couples who still co-own real estate
• Business partners who invested in property together
• Friends or unmarried partners who purchased a home jointly
• Co-owners in dispute about maintenance, occupancy, improvements, or rental income

When negotiations fail, a partition lawsuit becomes the most effective way to force a resolution.

What Costs Are Recoverable?

A critical feature of Florida partition law is that certain costs can potentially be recovered through the action, such as:

• Property taxes paid by one owner
• Necessary repairs or maintenance paid by one owner
• Mortgage payments made solely by one co-owner

A knowledgeable partition action attorney can help present these claims so the final financial distribution is fair.

Timeline for a Partition Case in Florida

While the timeline depends on the complexity of the dispute, most partition actions follow these steps:

1. Case evaluation and document review
2. Filing the lawsuit
3. Service of process on all co-owners
4. Court-ordered appraisal or property evaluation (if needed)
5. Mediation or negotiation
6. Final judgment ordering sale or division
7. Distribution of proceeds

Because these cases involve strict legal procedures, having an experienced Florida partition action lawyer improves efficiency and protects your rights at every stage.

Speak With a Florida Partition Action Attorney Today

If you’re dealing with a co-owner who refuses to cooperate, you don’t have to stay stuck. Arcia Law Office offers complimentary case evaluations to help you understand your options and next steps.

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Frequently Asked Questions About Partition Actions in Florida

Do I need the other owner’s permission to file a partition action?

No. Any co-owner has the legal right to file for partition without the consent of the others.

What if I paid more of the mortgage, taxes, or repairs than the other owners?

You may be able to recover those contributions through the partition process. The court can order reimbursement before dividing the final proceeds.

How long does a partition action take?

While every case is different, many partition actions range from a few months to over a year, depending on contested issues, court schedules, and whether the parties can reach an agreement before trial.

Can a partition action force the sale of my home?

Yes. If the court determines that the property cannot be fairly divided, it can order a sale—even if one co-owner objects.

Will I lose money if the property is sold at auction?

Not necessarily. Courts often appoint a special magistrate or conduct a private sale when appropriate. Your partition action attorney can advocate for the sale method that maximizes the value of your share.

What if one co-owner lives in the property?

Occupancy does not prevent a partition action. However, issues of fair rental value, exclusive use, and reimbursement may arise and can be addressed in the lawsuit.

Do you handle partition cases statewide?

Yes. Arcia Law Office represents clients throughout Florida, with local offices in Miami-Dade and Broward.

Why choose a flat-fee partition action lawyer?

Partition cases can be legally technical but relatively predictable in procedure. Our flat-fee model provides transparency, cost savings, and peace of mind compared to traditional hourly billing.

Take the First Step Toward Resolving Your Property Dispute

If you’re dealing with a co-owner who refuses to cooperate—or if you simply want to end a joint ownership arrangement—Arcia Law Office is ready to help. Our Florida partition action attorney provides experienced, efficient, and affordable representation designed to bring clarity and closure to your situation.

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