Florida Statutes
Fla. Stat. § 64.031 (2025)
Parties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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64.031 Parties.—The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands to be divided.
Note.—Former s. 66.03.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1971–2023 · leading case: Collinsworth v. Collinsworth, 624 So. 2d 287 (Fla. 1st DCA 1993).
Collinsworth v. Collinsworth, 624 So. 2d 287 (Fla. 1st DCA 1993). “The husband argues that the wife is not an interested party entitled to partition under section 64.031, Florida Statutes, because she failed to establish an ownership interest in the marital home sufficient to invoke the court's jurisdiction for partition.”
Tronconi v. Tronconi, 466 So. 2d 203 (Fla. 1985). “23 (1941); §§ 64.031, 64.071, Fla. Stat. (1983). The trial court found that "physical partition of the realty would not be in the best interests of either party," but did not mention the alternate remedy of public sale with partition of proceeds.”
Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. 2d DCA 1985). “In Florida a partition action is governed by section 64.031, Florida Statutes (1983), which provides that "the action may be filed by one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others interested in the lands…”
Shephard v. Ouellete, 854 So. 2d 251 (Fla. 5th DCA 2003). “" § 64.031, Fla. Stat. (2001). In the instant case, the property was not owned by two or more joint tenants, but by the partnership, a single and independent entity.”
Barden v. Pappas, 532 So. 2d 707 (Fla. 5th DCA 1988). “Partition is now provided for and regulated by statute in almost every state.”
Foucart v. Paul, 516 So. 2d 1035 (Fla. 5th DCA 1987). “§ 64.031, Fla. Stat. Florida law provides that costs, including attorney’s fees, may be awarded in such action.”
Preston v. Burmeister, 52 S.W.3d 386 (Tex. App. 2001). “See Fla. Stat. Ann. §§ 64.031 , 64.091 (West 1997).”
Wigginton v. Wigginton, 575 So. 2d 233 (Fla. 2d DCA 1991). “§ 64.031, Fla.Stat. (1989). In this instance, from the time of the dissolution judgment forward, as stated therein, the parties became tenants in common of the grove which previously had been held by them as tenants by the entire-ties.”
Myra Blew v. Michael Blew (Fla. 4th DCA 2023). “” § 64.031, Fla. Stat. (2021) (emphasis added).”
Farrington v. Farrington, 543 So. 2d 865 (Fla. 3d DCA 1989). “The appellee’s motion for attorney’s fees is granted only pursuant to section 64.031, Florida Statutes, and only against appellant Mildred Farrington individually.”
White v. Miami Elec. Ctr., Inc., 677 So. 2d 111 (Fla. 3d DCA 1996). “The judgment below dismissing the appellants’ action for partition is affirmed because (a) there was no showing of a cotenancy on which to bottom such an action as required by section 64.031, Fla. Stat. (1995); see Weed v.”
Glasel v. Jones, 36 Fla. Supp. 74 (Fla. Cir. Ct., Okeechobee Cty. 1971). “Fla. Stat. 64.031 (1969) states that a partition action may be filed by “any one or more of several joint tenants, tenants in common or coparceners or others interested in the lands to be divided.”
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