Fla. Stat. § 64.011
Jurisdiction
All actions for partition are in chancery.
Florida Statutes Chapter 64 — PARTITION OF PROPERTY
Florida · statute · Fla. Stat. ch. 64 · 23 active provisions
Fla. Stat. § 64.022
Venue
Partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the action.
Fla. Stat. § 64.031
Parties
The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.
Fla. Stat. § 64.041
Complaint
The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, tenants in common, coparceners, or other persons interested in the lands according to the best knowledge and belief of plaintiff, the quantity held by each, and such othe…
Fla. Stat. § 64.051
Judgment
The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to it. When the rights and interests of plaintiffs are established or are undisputed, the court may order partition to be made, and the interest of plaintiffs and such of the defendant…
Fla. Stat. § 64.061
Commissioners; special magistrate
(1) APPOINTMENT AND REMOVAL.—When a judgment of partition is made, the court shall appoint three suitable persons as commissioners to make the partition. They shall be selected by the court unless agreed on by the parties. They may be removed by the court for good cause and others appointed in their places.(2) POWERS,…
Fla. Stat. § 64.071
Sale where nondivisible
(1) ORDER OF SALE.—If the commissioners report that the lands of which partition is directed are so situated that partition cannot be made without prejudice to the owners and if the court is satisfied that such report is correct, the court may order the land to be sold at public auction to the highest bidder by the com…
Fla. Stat. § 64.081
Costs; taxes; attorneys’ fees
Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest. Such jud…
Fla. Stat. § 64.091
Personalty
The laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and the proceedings therefor, as far as the nature of the property permits.
Fla. Stat. § 64.201
Short title
This part may be cited as the “Uniform Partition of Heirs Property Act.”
Fla. Stat. § 64.202
Definitions
As used in this part, the term:(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other ind…
Fla. Stat. § 64.203
Applicability; relation to other law
(1) This part applies to partition actions filed on or after July 1, 2020.(2) Provided that a partition action is otherwise available under part I of this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitio…
Fla. Stat. § 64.204
Service; notice by posting
(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.(2) If the plaintiff in a partition action seeks notice by publication, and the court determines that the property is heirs property, then the court shall order the clerk of the court to issue a notice of…
Fla. Stat. § 64.205
Commissioners
If the court appoints commissioners pursuant to s. 64.061, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in part I of this chapter, must be disinterested and impartial and not a party to or a participant in the action.
Fla. Stat. § 64.206
Determination of value
(1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).(2) If all cotenants have agreed to the…
Fla. Stat. § 64.207
Cotenant buyout
(1) If any cotenant requested partition by sale, after the determination of value under s. 64.206, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.(2) Not later than 45 days after…
Fla. Stat. § 64.208
Partition alternatives
(1) If any cotenant requested partition in kind, or if all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to s. 64.207, or, if after conclusion of the buyout under s. 64.207, a cotenant remains that has requested partition in kind, the court shall enter a j…
Fla. Stat. § 64.209
Considerations for partition in kind
(1) In determining under s. 64.208(1) whether partition in kind would result in prejudice to the cotenants as a group, the commissioners shall consider the following:(a) Whether the heirs property practicably can be divided among the cotenants.(b) Whether partition in kind would apportion the property in such a way tha…
Fla. Stat. § 64.210
Open-market sale, sealed bids, or auction
(1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.(2) If the court orders an open-market sale and the parties, not later than…
Fla. Stat. § 64.211
Report of open-market sale
(1) Unless required to do so within a shorter time by part I of this chapter, a broker appointed under s. 64.210(2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at least the value determined under s. 64.206 or…
Fla. Stat. § 64.212
Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Fla. Stat. § 64.213
Relation to Electronic Signatures in Global and National Commerce Act
This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C.…
Fla. Stat. § 64.214
Access for all residents
Notwithstanding any provision to the contrary in this part, cotenants owning real property that is not heirs property may agree to partition such real property under this part. All of the cotenants must jointly notify the court of such agreement.