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Easler Law PLLC 321-206-3603
Real Estate
Andrew David Easler, Esq. Published October 17, 2026

How does a partition action divide jointly owned property in Florida?


A Florida co owner can file a partition action, and the court sets each owner's share, then divides the property or orders a sale and splits the proceeds by share.

Under Chapter 64, Florida Statutes, any joint tenant, tenant in common or coparcener may file a partition action against the other co owners. The court decides each owner's interest.

If the property cannot be divided without prejudice to the owners, the court may order a sale under section 64.071 and divide the proceeds by ownership share. Costs and attorney fees are shared in proportion to each interest under section 64.081.

Inherited property may fall under the Uniform Partition of Heirs Property Act, which begins at section 64.201.

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