Can a Jointly Owned Property Be Sold by One Owner?

One option that allows a jointly owned property to be sold without the permission of all owners is an action for partition. FL Stat § 64.011 et seq. Partition is a lawsuit during which the court severs a co-ownership relationship. While partition actions are sometimes initiated during the estate administration, they are also commonly initiated outside of the estate administration process. There are two possible outcomes of a partition action: partition or sale.

The court determines that the property is divisible such that no co-owner will be prejudiced, the court will order a partition. FL Stat § 64.051. The result of a partition is that each of the owners will own separate portions of the once co-owned property.

If the court finds that the property is nondivisible, making partition impossible, the court will force a sale of the co-owned property at public auction and the property will be sold to the highest bidder. FL Stat § 64.210

A partition action is initiated when a co-owner of property files a complaint with the court in the Florida county where the property is located. Because of the technicalities involved, contact an experienced Palm Beach County partition lawyer to help you initiate your action for partition.

The complaint must be initiated by a co-owner and include the names and addresses of each co-owner, joint tenants, tenants in common, coparceners, and other persons with an interest in the property. The complaint must also include the percentage interest each has in the property. FL Stat § 64.041

As an experienced partition attorney serving Palm Beach County will explain, the court will then make a determination as to the interests of each party in the property and whether partition is possible. In determining whether partition is possible, the court will consider:

• Whether it is practical to divide the property among the co-owners
• The length of ownership of each co-owner
• A co-owner’s sentimental attachment to the property
• How the property is currently being used by a co-owner, and the potential harm to that co-owner if the property is partitioned
• The degree to which the co-owners have contributed their pro rata share of the property taxes, insurance, and other expenses related to the maintenance of the property
• Any other relevant factor

FL Stat § 64.209

If partition is not possible, the property will be sold. Note that the parties to the action for partition will be responsible for fees and expenses associated with the action such as attorney’s fees and taxes. Those expenses will be apportioned to each owner according to their proportionate interest in the property. In apportioning expenses and distributing the revenue from the sale, the court will take into consideration the amount of mortgage payments and other expenses that each co-owner contributed.