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June 26, 2023
Close-up of judge's gavel, sound block, and small wooden toy house on courtroom table in court. Concept of real estate law, partition of property, separation of estates and divorce settlement

In the state of Florida, partition law governs the division of jointly owned real estate when the co-owners are unable to reach an agreement on how to use or dispose of the property. One important aspect of partition law in Florida is the right to rental income derived from the jointly owned property. This article aims to provide an overview of Florida’s partition law and specifically explore the rights and considerations related to rental income for co-owners.

Understanding Florida Partition Law: In Florida, partition law is primarily governed by Chapter 64 of the Florida Statutes. It grants co-owners the right to seek a partition action in court when disagreements arise regarding the property. A partition action can result in either a physical division of the property or a sale, with proceeds distributed among the co-owners according to their respective ownership interests.

Right to Rental Income: In a partition action, the court may address the issue of rental income derived from the jointly owned property. Typically, if the property generates rental income, the court has the authority to determine how that income will be allocated among the co-owners during the pendency of the partition action.

In that regard, Florida law provides that if a co-owner collects rent from a third party, the other co-owner has a right to recover a proportional share of that rent. In Hughes v. Krueger, 67 So. 3d 279 (Fla. Dist. Ct. App. 2011) the Court discussed the rights and obligations of co-tenants in Florida, including the apportionment of rental income and expenses. “The underlying action began as a petition by the Former Wife for the partition of two properties that she owned jointly with the Former Husband. By the time of trial, however, the parties had agreed to seek only an accounting of the income and expenses related to the properties.” “It is well settled that tenants-in-common share property expenses in proportion to their ownership interest, and that one “cotenant is accountable to the other cotenant only for actual rent received from third parties.” Fischer v. Fischer, 503 So.2d 399, 401 (Fla. 3d DCA 1987); see also Goolsby v. Wiley, 547 So.2d 227, 229 (Fla. 4th DCA 1989).”

In Florida, partition law provides co-owners with the right to seek a partition action when disagreements arise over jointly owned property. The court has the authority to address the allocation of rental income during a partition action, ensuring a fair and equitable distribution among the co-owners. Additionally, it is crucial to consider the recovery of property expenses and costs, as well as attorney fees and costs associated with the partition action. Understanding these aspects of Florida’s partition law is essential for co-owners navigating the legal process and seeking their rightful share of rental income.

If you need assistance in a Partition case we are here to help. We litigate Partition disputes throughout the state of Florida. Give us a call for a no obligation, free consultation.

-Brice Zoecklein, Esq.


Here are some additional Partition Resources you may find helpful:

Disclaimer:   The information contained in this blog/website is for informational purposes only and provides general information about the law but not specific advice.  This information should not be used as a substitute for advice from competent legal counsel as laws change and the facts in your specific case need to be analyzed.