Florida Statute 64.081 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 64
PARTITION OF PROPERTY

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F.S. 64.081

64.081 Costs; taxes; attorneys’ fees.—Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest. Such judgment is binding on all his or her goods and chattels, lands, or tenements. In case of sale the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money.

History.—s. 11, Mar. 14, 1844; RS 1497; s. 1, ch. 4545, 1897; GS 1946; RGS 3209; CGL 5001; s. 1, ch. 57-130; s. 19, ch. 67-254; s. 344, ch. 95-147.

Note.—Former s. 66.08.

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Amendments to 64.081

Annotations, Discussions, Cases:

Cases Citing Statute 64.081

Total Results: 31

Florida Patient's Compensation Fund v. Rowe

472 So. 2d 1145, 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1793751

Cited 872 times | Published

(Supp. 1984) (workers' compensation actions); § 64.081, Fla. Stat. (1983) (partition actions). Congress

Cannon v. Morris

407 So. 2d 372

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 467289

Cited 15 times | Published

in defeating the partitioning, pursuant to Section 64.081, Florida Statutes (1967). Without stating the

Biondo v. Powers

743 So. 2d 161, 1999 WL 966741

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1670156

Cited 12 times | Published

with its award of attorney's fees pursuant to section 64.081, Florida Statutes (1997). It also supports

Bucacci v. Boutin

933 So. 2d 580, 2006 WL 1627456

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1711949

Cited 5 times | Published

costs, attorney fees and taxes, as required by section 64.081. In allocating each party's share of costs

Power v. Power

387 So. 2d 546

District Court of Appeal of Florida | Filed: Sep 10, 1980 | Docket: 1356233

Cited 5 times | Published

$750.00 towards the wife's attorney's fee. Section 64.081, Florida Statutes (1979). The husband filed

Wilisch v. Wilisch

335 So. 2d 861

District Court of Appeal of Florida | Filed: Aug 3, 1976 | Docket: 1306235

Cited 5 times | Published

even if the court had proceeded under Fla. Stat. § 64.081. If the judgment is considered as a modification

Air Florida System, Inc. v. Transworld Airlines, Inc.

48 B.R. 437, 40 U.C.C. Rep. Serv. (West) 1559, 1985 Bankr. LEXIS 6500

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 18, 1985 | Docket: 1113342

Cited 4 times | Published

Florida Facility under 11 U.S.C. § 363(h) and Section 64.081 Florida Statutes. The Court will enter a separate

Robinson v. Barr

133 So. 3d 599, 2014 WL 811577, 2014 Fla. App. LEXIS 2794, 39 Fla. L. Weekly Fed. D 467

District Court of Appeal of Florida | Filed: Feb 28, 2014 | Docket: 60238834

Cited 2 times | Published

an award of attorney’s fees and costs under section 64.081, Florida Statutes (2009). The statute, which

Leatherwood v. Sandstrom

583 So. 2d 390, 1991 WL 134059

District Court of Appeal of Florida | Filed: Jul 24, 1991 | Docket: 1284164

Cited 2 times | Published

award costs and attorney's fees pursuant to section 64.081, Florida Statutes (1989). Appellant claims

Fernandez-Fox v. Reyes

79 So. 3d 895, 2012 WL 511326, 2012 Fla. App. LEXIS 2447

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 60305410

Cited 1 times | Published

fees, a trial court is to award fees based on section 64.081, Florida Statutes, which governs fees in partition

Daugharty v. Daugharty

441 So. 2d 1160, 1983 Fla. App. LEXIS 24367

District Court of Appeal of Florida | Filed: Nov 23, 1983 | Docket: 64601353

Cited 1 times | Published

attorney’s fees to the former husband pursuant to Section 64.081, Florida Statutes (1981), but which refused

Megan Cauble v. Gregory Kaczmarski

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68003662

Published

the moneys arising from the sale,” we affirm. § 64.081, Fla. Stat. (2023).

ALEXANDRA MARIA CASIANO vs FLORENCE CASIANO

District Court of Appeal of Florida | Filed: Jul 7, 2023 | Docket: 67182375

Published

Appellant’s attorneys’ fees and costs because section 64.081, Florida Statutes (2018), mandates that the

CRISTINA VERGNE v. JASON GLIDEWELL

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460469

Published

partition action. The wife appealed this order. Section 64.081, Florida Statutes, instructs that in partition

VALERIE K. SHERMAN v. MYRON K. SHERMAN

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243980

Published

the trial court’s attention the provision of section 64.081, Florida Statutes (2018), which states:

Noyes v. Buskirk

979 So. 2d 296, 2008 Fla. App. LEXIS 2689, 2008 WL 539337

District Court of Appeal of Florida | Filed: Feb 29, 2008 | Docket: 64854594

Published

allocation should have been in accordance with section 64.081, Florida Statutes (2006). Therefore we remand

Davis v. Lyons

700 So. 2d 794, 1997 Fla. App. LEXIS 12203, 1997 WL 673807

District Court of Appeal of Florida | Filed: Oct 29, 1997 | Docket: 64776333

Published

and Gloria Davis pursuant to Florida Statutes § 64.081 for reasonable attorney’s fees and costs for this

Hosack v. Hosack

679 So. 2d 852, 1996 Fla. App. LEXIS 9721, 1996 WL 523185

District Court of Appeal of Florida | Filed: Sep 17, 1996 | Docket: 64767462

Published

house sold for less than $50,000, contrary to section 64.081, Florida Statutes (1993). We agree. The effect

Haskell v. Rollins

653 So. 2d 1149, 1995 Fla. App. LEXIS 5028, 1995 WL 270907

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 64755815

Published

accordance with the interest he received. See § 64.081, Fla.Stat. (1993); Diaz v. Security Union Title

Diaz v. Security Union Title Insurance Co.

639 So. 2d 1004, 1994 Fla. App. LEXIS 5791, 1994 WL 259557

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 64749684

Published

and protect title and interest in property. Section 64.081, Florida Statutes (1993) (emphasis added),

Barden v. Pappas

565 So. 2d 755, 1990 Fla. App. LEXIS 5019, 1990 WL 95452

District Court of Appeal of Florida | Filed: Jul 12, 1990 | Docket: 64652388

Published

attorneys fees were award*756ed pursuant to Section 64.081, Florida Statutes (1987) and awarded $3,500

Marrouche v. Homasey

532 So. 2d 92, 13 Fla. L. Weekly 2363, 1988 Fla. App. LEXIS 4631, 1988 WL 107128

District Court of Appeal of Florida | Filed: Oct 19, 1988 | Docket: 64637490

Published

award of attorney’s fees and costs pursuant to section 64.081, Florida Statutes (1987). Appellant’s attorney

Foucart v. Paul

516 So. 2d 1035, 12 Fla. L. Weekly 2813, 1987 Fla. App. LEXIS 11476, 1987 WL 2333

District Court of Appeal of Florida | Filed: Dec 10, 1987 | Docket: 64631504

Published

attorney’s fees, may be awarded in such action. § 64.081, Fla.Stat. Since the record conclusively establishes

Moraitis v. Galluzzo

511 So. 2d 427, 12 Fla. L. Weekly 1987

District Court of Appeal of Florida | Filed: Aug 12, 1987 | Docket: 2240284

Published

list of the partition of personalty. Finally, section 64.081, Florida Statutes (1985) provides: Every party

Harmon v. Harmon

453 So. 2d 77, 9 Fla. L. Weekly 2145, 1984 Fla. App. LEXIS 13284

District Court of Appeal of Florida | Filed: May 29, 1984 | Docket: 64606004

Published

partitioning, no fees may be awarded under section 64.-081, Florida Statutes (1981). Cannon v. Morris

Friedberg v. Friedman

434 So. 2d 49, 1983 Fla. App. LEXIS 20896

District Court of Appeal of Florida | Filed: Jul 12, 1983 | Docket: 64598132

Published

reasonable attorney’s fee to appellant pursuant to Section 64.081, Florida Statutes (1981). Reversed and remanded

Guilford v. Guilford

426 So. 2d 1269, 1983 Fla. App. LEXIS 20193

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595158

Published

to be fixed by the trial court, pursuant to Section 64.081, Florida Statutes (1981), upon sale of the

Deshommes v. Bazin

421 So. 2d 806, 1982 Fla. App. LEXIS 21653

District Court of Appeal of Florida | Filed: Nov 16, 1982 | Docket: 64593175

Published

fees have been established, the provisions of Section 64.081, Florida Statutes (1981), come into play: “Every

Robbins v. Robbins

416 So. 2d 1257, 1982 Fla. App. LEXIS 21095

District Court of Appeal of Florida | Filed: Jul 21, 1982 | Docket: 64591286

Published

with the partition action, as authorized by Section 64.081, Florida Statutes (1981). AFFIRMED. ANSTEAD

Greene v. Galloway

332 So. 2d 52, 1976 Fla. App. LEXIS 14355

District Court of Appeal of Florida | Filed: Apr 14, 1976 | Docket: 64553649

Published

of a written Final Judgment in this cause.” Section 64.081, Florida Statutes, relating to partition of

Gammon v. Gammon

301 So. 2d 31, 1974 Fla. App. LEXIS 8512

District Court of Appeal of Florida | Filed: Oct 3, 1974 | Docket: 64541547

Published

distinguished from costs and attorneys fees [Section 64.081, Florida Statutes]) is not presented here.