Florida Real Estate Partition Law: A Deep Dive with Key Cases

By Andrew J. Pascale, Esq.

If you’re dealing with property disputes and seeking a seasoned Miami partition lawyer, understanding the complexities of Florida partition law is crucial. Whether you’re navigating disagreements over property use, financial contributions, or the desire to sell, a skilled attorney focusing on partition cases can provide indispensable guidance.

Florida Real Estate & Property Disputes Attorney

Breaking Up Real Estate: Florida Partition Law Explained

Owning property with someone else isn’t always a happily-ever-after situation. When co-owners of Florida real estate hit an impasse — about selling, managing, or investing — partition law steps in. Under Florida law, co-owners can ask the court to divide or sell the property and equitably distribute the proceeds. Let’s unpack the rules and explore five landmark Florida partition cases every practitioner (and property owner) should know.

1. Condrey v. Condrey, 92 So. 2d 423 (Fla. 1957)

📌 Holding: When a physical division of property is not practical or would cause prejudice, the court may order a partition by sale.
This case is foundational in establishing that courts can sell jointly held property when it cannot be reasonably or fairly split, particularly in cases involving single-family homes.

2. Heinemann v. Heinemann, 324 So. 2d 837 (Fla. 1st DCA 1975)

📌 Holding: A cotenant who pays more than their share for necessary expenses like taxes, mortgage, or insurance can seek reimbursement during partition.
This decision reinforces the principle that equity demands accounting and fairness among co-owners when the property is sold or divided.

3. Conlin v. Conlin, 102 So. 3d 742 (Fla. 2d DCA 2012)

📌 Holding: Partition is a right, and attempts to block it must be supported by enforceable agreements or valid legal grounds.
In this case, the court emphasized that partition rights are broadly protected, and even familial or emotional objections won’t override a co-owner’s legal right.

4. Barrow v. Barrow, 527 So. 2d 1373 (Fla. 1988)

📌 Holding: The spouse who remains in possession of a jointly owned home may owe rent to the other cotenant when a partition is sought.
This case supports equitable distribution by ensuring a fair adjustment when one party enjoys exclusive use of a shared asset.

5. Morrison v. Morrison, 143 So. 2d 139 (Fla. 2d DCA 1962)

📌 Holding: Improvements and expenditures made by one co-owner can justify a credit or adjustment during partition.
Here, the court acknowledged that when one party enhances the value of the property, that investment can be accounted for when splitting proceeds.

What This Means for Florida Property Owners

Florida partition law gives co-owners the power to exit difficult property arrangements, even when the others don’t agree. But as these cases show, the process is far more nuanced than a simple sale or split. If you’ve contributed more to the upkeep, if you’ve lived on the property, or if there’s an agreement in place, those facts could significantly change your bottom line.

Get Legal Help with Your Partition Case

If you’re dealing with a co-ownership dispute or considering filing for partition, we can help you navigate the process, protect your equity, and maximize your outcome.  Schedule your consultation today. Call Miami partition lawyer Andrew J. Pascale at 877-667-1211 to talk about your case. This blog doesn’t give legal advice, and it’s just for illustration purposes.