Shared Property Ownership Disputes in Florida — How To Resolve Conflict and Protect Your Rights

Owning property with others—whether family members, business partners, or friends—can be a practical and cost-effective way to invest. But over time, shared ownership can lead to serious legal conflicts when opinions differ about how the property should be used, maintained, or sold.

At The Tanios Law Firm, P.A., we help co-owners navigate the complexities of shared ownership, resolve disputes, and, when necessary, pursue or defend against partition actions to protect our clients’ interests.

Common Shared Property Ownership Problems

Whether the property is held as tenants in common or joint tenants with rights of survivorship, co-owners have legal rights—and responsibilities—that can become sources of tension. Some of the most common disputes include:

1. Disagreements Over Use

One co-owner wants to live on the property while the other wants to rent it or sell it. Without a clear agreement, these conflicting interests can quickly spiral into conflict.

2. Unequal Contributions

When one owner pays more toward the mortgage, taxes, or maintenance, they may feel entitled to a larger share or reimbursement. Florida law doesn’t automatically adjust ownership shares unless a written agreement says otherwise.

3. Refusal to Sell

If one owner wants to sell the property and the others refuse, the situation often reaches a deadlock—especially in inherited or family-owned real estate.

4. Failure to Pay Expenses

If a co-owner fails to pay their share of expenses like taxes, repairs, or mortgage payments, the burden falls on the others—and may lead to liens or foreclosure.

What Is a Partition Action?

A partition action is a legal proceeding used when co-owners cannot agree on what to do with a jointly owned property. Florida law gives any co-owner the right to file a partition lawsuit and ask the court to divide the property or force its sale.

There are two main types of partition:

• Partition in Kind – The property is physically divided among the owners (rare and usually only possible for vacant land).

• Partition by Sale – The court orders the property to be sold and the proceeds divided among the owners based on their legal interests.

The court may also take into account:

• Contributions toward taxes, maintenance, or mortgage payments

• Value added through improvements

• Offsets for exclusive use or rental income received by one owner

How Attorney Alex Tanios Can Help

At The Tanios Law Firm, P.A., Attorney Alex Tanios works to resolve co-ownership disputes through negotiation, mediation, or—if necessary—litigation. Our goal is always to protect your investment while minimizing stress, cost, and disruption.

We can assist with:

• Drafting or reviewing co-ownership agreements

• Resolving disputes over sale, use, or contributions

• Filing or defending against partition actions

• Negotiating fair buyouts between co-owners

• Representing your interests in court if division or sale is unavoidable

By addressing ownership issues proactively and legally, we help clients avoid long, expensive battles and preserve their financial interests.

Take Control of Shared Property Issues with The Tanios Law Firm, P.A.

If you’re in a dispute with a co-owner or unsure of your rights in a shared property arrangement, don’t wait for the situation to escalate. Contact Attorney Alex Tanios at The Tanios Law Firm, P.A. Call or Text 407-276-8229 to explore your legal options and bring clarity and resolution to your property concerns.