Florida Lawyer For Partition Actions In Real Estate
Last updated on June 26, 2026
A partition lawyer is competent in legal actions to divide co-owned real estate, guiding individuals through partition actions or property division lawsuits when co-ownership disputes arise. They help resolve complex issues like joint tenancy or tenancy in common disagreements, facilitating a fair distribution or forced sale of property when co-owners cannot reach an amicable resolution.
People may enter into real estate purchases with other owners for a number of reasons. In many situations, the co-owners are friends, people in a relationship or people who have entered into a business venture together. If you are seeking to sell the home and split the proceeds, our real estate attorneys will provide advice about the steps to take in a partition.
The attorneys at Korshak & Associates, P.A., have more than 65 combined years of experience representing clients in real estate and business litigation matters. We serve clients throughout Florida and have an office location in Casselberry.
You can count on us to make certain that your best interests are protected. We take a hands-on approach to working with our clients and are committed to providing personalized attention at all times.
For an initial consultation, please contact our offices at 888-681-4389.
Understanding Partition Actions: Resolving Co-ownership Disputes
Partition is a specific type of lawsuit where one co-owner of a real estate submits to the court the real estate to be sold so the proceeds may be split among all the co-owners. This is necessary when co-owners cannot agree on the sale or management of the property among themselves.
It is important to have a lawyer represent your interests in this process. At Korshak & Associates, P.A., we have significant experience representing owners in partitions. Our lawyers will fight for your fair share of the value of the property. In many instances, we can also arrange for the property to be sold at a private sale rather than a judicial auction, thereby maximizing the proceeds available.
When Is A Partition Proceeding Right For You?
Real estate continues to be a popular option for investors, whether it’s two friends going in together to fix up a house to sell for a modest profit or a large group looking to pool assets to purchase a string of commercial properties. While the allure of getting into real estate in this way is enticing, many people don’t think about what might happen when they want to exit the venture.
The real estate lawyers at Korshak & Associates, P.A., in Casselberry, can provide advice for people or organizations that are selling a property and want to divide the proceeds. If all parties agree on the terms, it may be a relatively straightforward event. Sometimes, however, the parties are unable to come to an agreement on the sale.
When this happens, a specific type of lawsuit, known as a partition action, is undertaken by one of the co-owners so that a court can rule on the matter. Whether you are the co-owner taking this action or are one of the owners who is named in the suit, having an attorney representing you in a partition proceeding is crucial.
Our Answers To Common Questions About Real Estate Partition
Our team offers further insights into how real estate partition works in Florida.
What is the legal process of real estate partition?
In Florida, a real estate partition generally involves these steps:
- Filing a lawsuit: A co-owner files a lawsuit against other co-owners. This informs the court where the property is located, the reasons for the partition and each owner’s interests.
- Receiving an answer: The co-owners must file an answer, which can include a defense or objection to the action.
- Reviewing the case: The court assesses the title to determine if the plaintiff has an ownership stake. Then, they issue an Interlocutory Judgment of Petition.
- Determining a method of partition: The court now decides on the partition method. They may divide the physical land through partition in kind or proceed with partition by sale.
- Accounting: After the sale, the court accounts for each party’s financial contributions and adjusts the payout. A judge may credit or debit owners for mortgage payments, property improvements and paid insurance.
- Distribution: The court distributes the net proceeds among the co-owners based on the accounting decisions.
At Korshak & Associates, P.A., we have helped clients in Casselberry navigate the partition process. You can rest assured that we will be with you every step.
What are the available options for co-owners facing a partition?
When Florida co-owners face a partition, they have several alternatives to a forced courtroom sale:
- Voluntary buyout: One owner can buy the other co-owner’s financial interest based on an agreed appraisal. This can resolve disputes between parties while giving one co-owner the chance to keep the property.
- Mediated settlement: Co-owners agree to participate in a private settlement to develop a customized exit. All parties may discuss their contributions to the property and the methods of reimbursement.
- Equitable division: If co-owners cannot arrive at an agreement, the courts can decide to divide the property through partition in kind or partition by sale.
Our attorneys can offer guidance on which option fits the situation.
How does an experienced real estate partition attorney address complex property matters?
Complex issues emerge in real estate partitions. Disputed inheritances, complex accounting and uncooperative co-owners are some examples that can be difficult to navigate alone.
Having an experienced Florida partition attorney can address these matters while keeping your best interests in mind. We at Korshak & Associates, P.A., ensure fair property valuation, fight for your rightful credits, pursue buyouts and represent you during settlements.
If you have any questions, we are delighted to address them in detail.
Contact Us To Find Out How We Can Help
Contact our real estate partitions attorneys at Korshak & Associates, P.A., at 888-681-4389 to schedule a free 10-minute initial consultation about your legal matter. Our office hours are 8:30 a.m. to 5 p.m. Monday through Friday and after hours by appointment. Se habla español. We accept cash, checks and major credit cards.
