Partition Actions
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Partition Actions Attorneys
When multiple people own a property—whether through inheritance, joint investment, or a personal relationship—it can get complicated fast. Disagreements over what to do with the property are common, and unfortunately, not everyone sees eye-to-eye. That’s where a partition action comes into play—and where Bonardi & Uzdavinis, Attorneys-at-Law, can help.
Resolve Co-ownership Disputes With Bonardi & Uzdavinis, Attorneys-At-Law
If you’re a co-owner of a property in Tampa or anywhere in Florida and are stuck in a dispute about whether to sell, divide, or buy out an interest, our experienced team is here to guide you through the legal process. Call us today at 813-540-2019 for a free consultation.
What Is a Partition Action?
A partition action is a legal solution used when co-owners of real estate can’t agree on the future of a property. If you want to sell your share but the other owner(s) refuse, Florida law gives you the right to ask the court to intervene. Essentially, a partition action forces the sale (or division) of the property and ensures all owners receive their fair share of the proceeds or ownership.
This legal remedy is especially useful in situations involving:
- Inherited property among siblings or family members
- Joint ownership after a romantic relationship ends
- Business partners who no longer wish to co-own real estate
When Should You Consider Filing a Partition Lawsuit?
You should consider filing a partition action in Florida when:
- You co-own a property, and one or more parties refuse to sell or divide it.
- You’ve been paying the majority (or all) of the property expenses without reimbursement.
- A peaceful resolution with your co-owners seems unlikely.
If you’re in one of these situations, reach out to Bonardi & Uzdavinis, your trusted Tampa partition lawyers, to discuss your legal options.
How the Partition Process Works in Florida
Under Florida Statute Chapter 64, partition actions begin by filing a complaint in the county where the property is located. This petition must list:
- A description of the property
- The names and contact information of all co-owners
- Each party’s ownership interest
Once filed, the court reviews the facts and decides how to proceed. There are two possible outcomes:
- Partition by Sale: The property is sold (either privately or at auction), and the proceeds are divided among the co-owners.
- Partition in Kind: The property is physically divided among the owners (more common for vacant land than homes).
In cases involving inherited property—called “heirs property”—Florida law may require an appraisal and offer each party the chance to buy out the others at fair market value.
Main Reasons People File Partition Actions
At Bonardi & Uzdavinis, we often help clients who are facing one of two common problems:
Unequal Sharing of Property Expenses
Sometimes one co-owner ends up covering all the bills—mortgage payments, insurance, taxes, repairs, or HOA dues—while the others contribute nothing. While you may not be able to force your co-owner to pay their share directly, you can file a partition action to recover your out-of-pocket costs through the sale proceeds.
Refusal to Cooperate
Whether it’s emotional conflict or pure stubbornness, some co-owners simply refuse to sell or negotiate. In these cases, a judge can force the sale of the property, even over one party’s objections.
If either of these situations sounds familiar, call 813-540-2019 to speak with an experienced partition attorney in Tampa today.
Attorney Fees and Court Costs: What to Expect
The good news? In Florida, attorney fees and court costs in a partition action are usually paid out of the property sale proceeds. According to Florida Statute 64.081, each party is responsible for a proportional share of legal fees based on their ownership interest. This makes filing a partition action more accessible and financially feasible for many property owners.
Why You Should Hire a Florida Partition Lawyer
Partition lawsuits are complex. You must understand not only real estate law but also civil procedure, valuation, and equitable distribution. Don’t attempt this on your own.
At Bonardi & Uzdavinis, we bring deep knowledge of Florida real estate law and a hands-on approach to each case. We take the time to:
- Explain your legal rights clearly
- Help you gather documentation and financial evidence
- File your case efficiently and accurately
- Represent your interests in court or settlement discussions
Our attorneys regularly handle partition cases throughout Tampa and the surrounding areas. We know how to move these cases forward efficiently so you can reach a resolution and move on with your life.
What Are My Options in a Partition Case?
If you’re in a property dispute, you usually have three choices:
1. Settlement
The best result is always a compromise. If the parties can reach an agreement—whether it’s through mediation or negotiation—we can assist you in reaching a written settlement agreement and avoid going to court.
2. Buyout
One party purchases the other’s interest at a value agreed upon (or ordered by the court). We can help you establish fair market value, negotiate the terms of the transaction, and safeguard your legal rights in the deal.
3. Court-Ordered Sale
If settlement or buyout does not work, we’ll petition the court to order the sale of the property and secure your share proportionate to the interest you hold.
Talk to a Tampa Partition Lawyer Today
Owning property jointly should be a benefit—not a burden. If you’re trapped in an uncooperative co-ownership situation, it’s time to take control. At Bonardi & Uzdavinis, we’re here to fight for your right to a fair outcome.
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