According to Florida law, in partition actions, costs and attorney’s fees are generally paid by all parties in proportion to their respective interests in the property, as required by statute, with the court having discretion to adjust these allocations based on equitable principles.
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.
Practice Tip: Although the statute states that costs and attorney’s fees in a partition lawsuit are paid by all parties in proportion to their respective interests, the reality is that most partition cases are resolved through settlement before a judge ever makes a final determination on cost allocation. In practice, this means each party usually pays their own costs and attorney fees. The reason is simple: most people realize early in the process that litigating all the way to a judge’s ruling is expensive, and reaching a settlement sooner helps avoid the escalating costs of prolonged court proceedings.
Related:
What Happens When Your Sibling Won’t Agree to the Sale of Inherited Property?
Who has the right to a partition and who does not?
Partition of Real Estate in Florida
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