Partition (a.k.a. “Property Divorce”) in Brevard County

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What is a Partition?

Partition is a legal remedy available to co-owners of real estate who can no longer agree on what to do with a jointly owned property. When one party wants to sell and the other does not, or when ongoing disputes make co-ownership impractical, a partition action—sometimes called a “property divorce”—can bring resolution. In Florida, co-owners who are not married to each other can file for partition under Chapter 64 of the Florida Statutes. This may lead to a court-ordered sale, a negotiated buyout, or, a physical division.

More About Partitions

Who This Helps

  • Unmarried couples or partners who purchased property together and have since separated

  • Heirs who inherited property but disagree on whether or how to sell or occupy it

  • Business partners or real estate investors with differing plans or objectives

How the Partition Process Generally Works in Brevard County

1. A lawsuit for partition is filed in the Circuit Court for Brevard County

2. Ownership interests in the property are established

3. Parties exchange information during discovery, including what they believe they are owed or contributed

4. The property is valued

5. If the parties cannot agree on a resolution, the court may order a sale of the property

6. The court conducts a hearing to determine credits and debits for items like mortgage payments, repairs, taxes, and use

7. Proceeds are distributed in accordance with the court’s final judgment

Resolution

In most partition actions, if one party wants to sell, the court must order a sale. Courts have limited discretion to force co-ownership to continue. Because the outcome of these cases is usually predictable, our firm encourages early resolution whenever possible to reduce legal fees and emotional strain. The faster you reach an agreement, the lower the cost for everyone involved.

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Why Choose Mangrove Title and Legal, PLLC

  • Local focus: We regularly handle partition actions in Brevard County

  • Attorney-led: All pleadings, negotiations, and court appearances are handled by an experienced Florida attorney

  • Practical perspective: We understand both the legal and personal stakes involved

  • Transparent pricing: Our philosophy is that money paid to our office should deliver a return on its value and we strive to be realistic in our estimates of the costs involved. As a smaller office, we are able to keep our bills affordable.

FAQ

  • Yes. Partition is a formal legal process and must be filed in the Circuit Court for Brevard County. While many cases resolve before trial, some require court involvement.

  • In many circumstances, yes. The court will consider each owner’s financial contributions, including mortgage payments, property taxes, repairs, and improvements.

  • They cannot block a partition action. As long as you have an ownership interest, the court can order a sale and distribute the proceeds fairly.

  • Only in rare cases—typically with undeveloped land. Most residential properties in Brevard County will be sold, with the proceeds split.

Ready to Get Started?

The first step in a partition case is generally the hardest - reaching out to legal counsel. Before we begin a partition case, we will consult with you to provide an in-depth preview of what you can expect during the process. Our consultations are confidential and there is no requirement that you proceed.

If you are ready to resolve your dispute, click Get Started below or call us at (321) 212-7750 and let us help guide you.

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