Florida Partition Action Attorney for Out of State Owners

A partition suit over Florida real estate is filed in the circuit court of the county where the property sits, and the owner who lives in another state still has to be named, served, and heard there. For a co-owner in New York, New Jersey, or Connecticut, that means a Palm Beach County property goes before the Fifteenth Judicial Circuit and a Broward County property goes before the Seventeenth, no matter where anyone lives. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners with property in Palm Beach County, Broward County, and throughout South Florida, and a Florida partition action attorney for out of state owners has to manage that distance as carefully as the law itself.

The out of state owner usually arrives at partition in one of two positions. Either you hold a share of a condo, rental building, or commercial parcel with someone who will not sell, buy you out, or account for the rent, or you are the local owner’s co-tenant in a property you inherited and rarely see. In both cases the central question is the same: will a judge divide the property, order it sold, or hold that a sale cannot be forced, and who controls the timeline while that is decided?

How a Florida Partition Case Actually Moves

Partition actions in Florida are equitable proceedings under Chapter 64, and all of them are brought in chancery. The complaint has to describe the land, name each owner and where that owner lives, and state the share each one holds. That last requirement matters more than it seems. Disputes over who owns what percentage, whether a deed from a prior owner was valid, or whether someone has a claim to the property that does not appear in the record are often decided inside the partition case before any division happens.

Once the court finds a right to partition, it appoints three commissioners, chosen by the judge unless the parties agree on them. The commissioners evaluate whether the property can be divided without prejudice to the owners. For vacant acreage that may be realistic. For a single condo unit, a house, or a building with one income stream, it rarely is. If the commissioners report that a fair division cannot be made and the court agrees, the judge may order the property sold at public auction to the highest bidder, with the proceeds divided in proportion to each owner’s interest. The court may allow a sale on reasonable credit for good cause, but at least one-third of the purchase money must be paid down unless every party consents to different terms.

The practical consequence for an out of state owner is that a forced sale is a real outcome, not a remote one, and an auction price can fall below what a negotiated sale on the open market would bring. Much of the strategy in these cases is built around steering the dispute toward a buyout or a private listing before an auction becomes the court’s answer.

Why Choose the Andrew M. Schwartz Legal Team for Partition Disputes Across State Lines

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes, serving clients in Boca Raton, West Palm Beach, Fort Lauderdale, and throughout Palm Beach County and Broward County. Founder Andrew M. Schwartz has spent 37 years in litigation and was admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. His career has centered on complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders, which is the same ground many partition cases cover, because co-owners of real estate are very often former business partners.

Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm works as a true legal team, so everyone on a matter knows the file, and it keeps a strict 24 hour return call policy. For clients who live out of state, the firm handles the local court appearances and proceedings and keeps you informed at every stage, so you are not traveling for every hearing. Andrew grew up in Short Hills, New Jersey, and clients from the tri-state area often value working with a Florida litigator who understands how they do business.

Recent trial work shows the kind of real estate litigation the firm handles. After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. The firm also receives a significant share of its work as referrals from other attorneys, including out of state lawyers whose clients own Florida property, and it communicates with referring counsel throughout the matter.

Situations That Lead Out of State Owners to File or Defend a Partition

• Former Business Partners Holding Real Estate: A dissolved LLC or partnership often leaves behind a building or parcel titled to the owners individually or as tenants in common. When one side wants out and the other wants to hold, partition becomes the exit, sometimes paired with claims for an accounting of rents and expenses.
• Inherited Property Among Siblings: A parent’s Florida home or investment unit passes to children who now live in different states. Chapter 64 includes a separate framework for heirs property, which applies when co-tenants acquired title from a relative and further statutory conditions are met, such as twenty percent or more of the interests being held by relatives. If it applies, the court must use that framework unless all co-tenants agree otherwise, and it changes how a sale is evaluated.
• Unmarried Couples and Former Partners: Two people who bought a South Florida home together and later separated hold equal rights to the whole property with no divorce court to divide it. Partition is the tool, and contribution claims for mortgage payments, taxes, and repairs often travel with it.
• Investor Syndicates and Joint Purchases: Friends or relatives who pooled money to buy rental property in Palm Beach or Broward County sometimes have no written agreement controlling exit. Absent one, the statute fills the gap, and a minority investor may find that a majority owner cannot simply override them.
• Title Clouds That Surface During Partition: A partition complaint can expose a competing claim, a defective deed, or an unrecorded transfer. Florida’s quiet title statute lets a claimant ask the court to resolve competing claims and remove a cloud, and a plaintiff generally must trace title back at least seven years unless the court orders otherwise.
• Missing Rent and Unpaid Carrying Costs: When the co-owner in Florida collects rent and keeps it, or when the out of state owner has been paying taxes and insurance alone, the accounting between owners can change the final split of sale proceeds.
• Entity-Owned Property With a Deadlock: If the property is held by an LLC or corporation rather than by individuals, partition is the wrong vehicle. Judicial dissolution, a court-supervised buyout, or a receiver may be the real remedy, depending on the entity and the agreement.

What an Out of State Owner Should Do Once a Dispute Surfaces

Start by pulling the actual title. Know exactly how the deed reads, whether the owners hold as tenants in common or in some other form, what percentage each person holds, and whether any operating agreement, co-ownership contract, or side letter says anything about selling or buying out. A written agreement among the co-owners can change the outcome completely, and its terms should be reviewed before anyone files or responds to a complaint.

Next, gather the money trail: closing statements, mortgage payments, property tax and insurance receipts, repair invoices, and any rent collected. Courts sorting out partition proceeds look at who paid what, and an owner who carried the property alone for years should be able to prove it. Stop making informal payments or promises by text and email without understanding what they could be read to concede.

If you have been served, pay attention to the response deadline in the summons, because a missed deadline can result in a default regardless of how far away you live. Partition cases in Palm Beach County are heard in circuit civil court at the Fifteenth Judicial Circuit in West Palm Beach, and those in Broward County go to the Seventeenth Judicial Circuit, which has a complex business division for certain larger disputes, including dissolution of some business entities. Federal court is rarely the forum for a straightforward partition, though the Southern District of Florida sits in Fort Lauderdale and West Palm Beach for cases that do belong there.

The most common mistake out of state owners make is waiting. Rents continue to be collected, taxes accrue, and a co-owner in possession may start acting like the sole owner. Another mistake is assuming the court will order a quick sale. The process includes commissioners, a report, and often a contested hearing, and it can be shaped far more favorably when you engage early and propose terms. Where co-owners are also in a business dispute, a request for emergency relief may be appropriate to prevent the property from being encumbered or transferred while the case is pending, and the firm regularly handles temporary and permanent injunctions of that kind.

Buyouts, Negotiated Sales, and Mediation as Alternatives to Auction

Most owners do not actually want a courthouse auction. They want a fair price and a clean exit. The partition statute creates leverage for that conversation, because both sides know what the default outcome looks like. A buyout at an appraised value, a private listing with agreed terms, or a structured payout over time are all common resolutions, and mediation or arbitration can be used to reach them. The firm is experienced in mediation and arbitration as well as courtroom litigation and looks for the resolution that fits a client’s goals and budget rather than prolonging a case for its own sake.

Questions Out of State Owners Ask About Florida Partition

Can I file a partition action in Florida if I live in another state?

Yes. Where you live does not control where the case is filed. Florida real property is partitioned by a Florida court, and a co-owner anywhere in the country can bring the action or be named in it.

Which court hears a partition case over Palm Beach County or Broward County property?

Partition is an equitable action heard in circuit court. For Palm Beach County property, that is the Fifteenth Judicial Circuit, and for Broward County property, it is the Seventeenth Judicial Circuit.

Do I have to travel to Florida for every hearing?

Not necessarily. Counsel can handle most local court appearances, and your presence is generally needed only for key events such as certain hearings or trial testimony. Your attorney should tell you in advance when your attendance is actually required.

Will the court always order the property sold?

No. If the property can be physically divided without prejudice to the owners, the court can partition it in kind. When it cannot, a sale is ordered. For heirs property, the statute adds additional steps and factors that must be considered before a sale is allowed.

What is heirs property, and does it affect me?

It is real property held as tenants in common where no binding agreement governs partition, at least one co-tenant acquired title from a relative, and further listed conditions are met, such as twenty percent or more of the interests being held by relatives. If the court finds the property qualifies, it must use the heirs property framework unless all co-tenants agree otherwise in writing.

Who decides how the property is divided or valued?

After a judgment of partition, the court appoints three commissioners, selected by the judge unless the parties agree on them. They report on whether the property can be divided fairly, and the court acts on that report.

How is a court-ordered sale conducted?

When division is not practical, the court may order a public auction to the highest bidder and distribute the proceeds according to each owner’s share. The court may allow credit terms for good cause, but at least one-third of the price must be paid down unless all parties consent otherwise.

Can I recover rent my co-owner collected or expenses I paid alone?

Often, yes. Claims for an accounting and contribution are commonly raised alongside partition, and the final distribution of sale proceeds can be adjusted to reflect who paid the taxes, insurance, mortgage, and repairs and who collected the income.

What if I discover someone else claims an interest in the property during the case?

That claim has to be resolved. Florida law lets a court determine competing claims and quiet title, and a plaintiff generally must trace title for at least seven years before filing unless the court orders otherwise. Title issues can be litigated in the same overall dispute.

Is partition the right remedy if the property is owned through an LLC?

Usually not. When an entity owns the property, the members’ remedies run through the entity. Depending on the facts, a court can dissolve an LLC on grounds such as deadlock with irreparable injury, misappropriation of assets, or when it is not reasonably practicable to continue operating under the agreement, and it may appoint a receiver or order a buyout of a petitioning member.

How long do the time limits run if I have a related contract claim against my co-owner?

For claims based on a written contract, Florida generally allows five years, and for oral or implied contracts, four years. A claim for specific performance has a one-year period. These deadlines run separately from the partition itself, so a related claim can expire even while the partition case is still pending.

Can my own attorney in New York or New Jersey work with your firm?

Yes. A significant part of the firm’s practice comes from referrals by other attorneys, including out of state lawyers. The firm communicates with referring counsel throughout the matter and respects the referring attorney’s relationship with the client.

Partition Counsel Serving Palm Beach County, Broward County, and Out of State Owners

The firm handles partition and real estate disputes for owners of property across Palm Beach County and Broward County. In Palm Beach County, that includes West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Palm Beach Gardens, Jupiter, Wellington, Royal Palm Beach, Greenacres, and Belle Glade. In Broward County, it includes Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, Davie, Sunrise, Weston, and Pembroke Pines.

The firm also represents clients who live in New York, New Jersey, and Connecticut and own a business interest, investment property, or a share of inherited real estate in South Florida, handling the local court work so those owners can protect their interests from home.

Speak With a Florida Partition Attorney Before the Deadline Passes

If you share title to Florida property with someone you cannot move, buy out, or trust to account for the income, speaking with a Florida partition lawyer early gives you the most options. The Andrew M. Schwartz Legal Team can review the deed, the history between the owners, and the likely path through the Palm Beach County or Broward County courts, then recommend whether to negotiate, mediate, or file. Contact the firm to discuss your property and your goals.