Florida Partition Lawsuit Attorney : Larry Tolchinsky

If you co-own Florida real estate and cannot reach an agreement with the other owner, a partition lawsuit can force a resolution. Larry Tolchinsky has been filing and defending partition actions throughout Florida since 1994.

Do you have a partition or co-ownership dispute in Florida?

Larry Tolchinsky has been resolving co-ownership disputes through partition actions since 1994. He represents both parties filing partition actions and parties defending against them. Free consultation by phone or in person.

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Why Larry Tolchinsky

Larry Tolchinsky has handled partition lawsuits in Florida for over 30 years. He is a graduate of the University of Florida and holds his Juris Doctorate from St. Thomas University School of Law. He has been a member of the Florida Bar Real Property Probate and Trust Law Section throughout his career and has been a featured contributor to Bloomberg, USA Today, and local news on Florida real estate matters.

A substantial portion of Larry’s practice is partition work. He has filed partition actions for co-owners who want to force a sale, defended co-owners resisting a sale, and negotiated buyout agreements that resolved disputes without trial. He handles partition cases across all Florida counties and regularly represents clients who live outside Florida or abroad.

The most important thing Larry does that most attorneys do not: he tells clients honestly at the outset whether filing a partition action is the right move or whether a negotiated resolution would serve them better and cost less. The worst partition outcomes he has seen are cases where the court had to appoint a commissioner and a magistrate, both of whom charge fees, and then hire a Realtor. All of those fees come from the sale proceeds before the co-owners see a dollar. Larry works to avoid that outcome whenever possible.

For background on how partition lawsuits work under Florida law, including the legal process, the Uniform Partition of Heirs Property Act, and the financial accounting involved, see: Florida Partition Lawsuits

The Situations Larry Handles Most Often

Siblings who inherited property together

One sibling wants to sell the family home. Another refuses or cannot agree on a price. One may be living in the property and not paying rent. A partition action forces a resolution and distributes proceeds fairly, accounting for each heir’s contributions and expenses.

Unmarried couples who bought property together

The relationship ends. One person wants to sell. The other refuses or will not agree to refinance. Without a divorce proceeding, a partition action is often the only legal remedy available to force the issue.

One co-owner is collecting all the rent

A co-owner rents the property and keeps all the income. Or a co-owner lives there rent-free while the other pays taxes and insurance. A partition action forces a full financial accounting and credits each party for what they are owed.

Business partners splitting up real estate

Partners own commercial or residential property together and the business relationship ends. One wants out. The other disputes the value or refuses to cooperate. A partition action sets a court-supervised process for sale and distribution.

Co-owner whose name is stuck on a mortgage

One co-owner has moved on and wants their name off the deed and mortgage to buy another property or improve their credit. The other owner agrees to refinance but never follows through. A partition action creates the legal pressure to force the issue.

Out-of-state or international co-owners

You do not have to live in Florida to pursue a partition action for Florida property. Larry regularly represents co-owners from across the United States and internationally. Florida courts have jurisdiction over Florida real estate regardless of where the parties live.

From Larry’s Case Files

Case Study • Unmarried Co-Owners • Deed Fraud Discovered

An unmarried couple purchased a Florida property in the 1990s. The man originally held title in his name but transferred it to both names at his partner’s request. When they separated, she moved to North Carolina and wanted her name off the mortgage so she could buy a new home. He agreed to refinance but never followed through over the course of months.

When Larry filed the partition action, a review of the deed records revealed that the deed transferring her name onto the property had not been properly recorded. Only the front page appeared in the official records. The man then claimed he had never signed the deed at all. Larry obtained a bank copy of the deed, which showed his signature clearly. When compared with his signature on other documents in the file, they were identical. Faced with the evidence, he finally agreed to refinance.

The case settled with his client receiving a specific share of the sale proceeds plus attorney’s fees. Without the partition action creating legal pressure, the standoff would have continued indefinitely.

See the full case study: Florida Partition Action Case Study

What Happens if You Do Nothing

Co-owners who do not act are not in a neutral position. They are funding a property that is generating conflict, potentially losing rental income they are entitled to, paying carrying costs the other owner should share, and watching a situation that rarely resolves on its own. The co-owner who refuses to cooperate has no legal incentive to change that position unless a partition action creates one.

A partition action does not always go to trial or result in a court-ordered sale. Larry Tolchinsky has found that most co-ownership disputes that seemed intractable resolve through negotiation once a lawsuit is actually filed. The filing changes the calculus for the uncooperative party. The question is not whether to file. It is when.

Frequently Asked Questions

Can my co-owner really be forced to sell in Florida? +

Yes. Florida law treats partition as a matter of right for co-tenants. Courts almost never deny a legitimate partition action. A co-owner who says “I will never sell” will typically face a court-ordered sale within one to two years of the lawsuit being filed. The only meaningful defenses involve challenges to the ownership interest itself, not simply a refusal to cooperate.

How long does a partition lawsuit take in Florida? +

Most cases resolve within six to eighteen months. Many settle within weeks or months of the lawsuit being filed because the filing itself changes what the uncooperative co-owner is willing to discuss. Cases involving disputed ownership, complex financial accounting, or missing deeds take longer. Larry will give you a realistic timeline based on your specific facts.

I live outside Florida. Can Larry still handle my case? +

Yes. Larry regularly represents co-owners who live in other states or abroad. Florida courts have jurisdiction over Florida real estate regardless of where the parties live. Larry can conduct your consultation by phone, handle all court filings and appearances in Florida, and resolve most cases without requiring you to be present.

What does a partition lawsuit cost? +

Larry’s partition cases are handled on an hourly fee basis. Fees depend on complexity and how cooperative the other co-owner is. Under Florida Statute 64.081, attorney fees in a partition action may be recoverable from the sale proceeds when the attorney’s work contributed to the partition and sale. Larry will explain the fee structure clearly in your free initial consultation and give you a realistic estimate before any work begins.

My co-owner is keeping all the rent. Can the partition action recover that money? +

Yes. A partition action includes a full financial accounting. A co-owner who has collected rent must account for it. A co-owner who has paid more than their share of taxes, insurance, or mortgage payments is entitled to a credit. Larry Tolchinsky tracks all of these financial contributions from the start of the case and ensures they are properly argued before the court or in settlement negotiations.

Free Consultation • (954) 458-8655

Speak With Larry Tolchinsky About Your Partition Case

If co-owners cannot agree on Florida property, a partition lawsuit can force a resolution. Larry Tolchinsky has been filing and defending partition actions throughout Florida since 1994. He handles all Florida counties and represents clients from outside Florida and internationally. Call for a free consultation.

<(954) 458-8655 | Call Larry Now
or send a message ›

✓Free Initial Consultation

By phone or in person, whichever you prefer

✓30 Years of Experience

Filing and defending partition actions since 1994

✓All Florida Counties

Including out-of-state and international clients

Florida Partition Lawsuit Attorney