3-minute read
Bottom line: On September 4, 2026, Florida’s Sixth District Court of Appeal reversed a court-ordered partition sale of a former marital home.[1] The house was titled only in the husband’s name, and the court held that a divorce judgment calling it “marital property” did not make the ex-wife a co-owner who could force a sale.[1] For a sale, the deed decides who can sue for partition, not the divorce label.[1][2]
What changed in this Florida partition action
The case is Vega v. Jaramillo, a Florida partition action.[1] The husband bought the home in 2006. The deed was issued solely in his name, and the mortgage was in his name only.[1]
The 2023 divorce judgment declared the house marital property. It awarded him sole possession and made him solely responsible for the mortgage.[1] About six weeks later, the ex-wife filed a separate partition action.[1] The trial court treated the former spouses as tenants in common and ordered the home sold, with the proceeds split equally and no credit to the husband for the mortgage.[1]
The appeals court reversed.[1] Florida’s partition statute lets “joint tenants, tenants in common, or coparceners” file.[2] The court held that calling the home marital “did not accomplish a transfer of title or a right to a transfer of title,” so partition was error.[1]
Where it applies
- Florida only. This is a Florida appellate decision applying Florida statutes.[1][2][3] The opinion states it is not final until the time to file a rehearing motion expires.[1]
- Jointly titled Florida homes are different. Under Florida law, spouses who hold as tenants by the entirety become tenants in common when the marriage is dissolved.[3] The trial court relied on that rule. The appeals court said it did not fit, because the home was never titled in both names.[1]
- Other states. The opinion interprets Florida law and decides nothing about any other state.[1] Check local law before applying this result anywhere else.
The real-estate consequence
The name on the deed controls who can force a sale, even after a divorce judgment divides “marital” value.[1][2]
The court drew a line between two things. Marital classification decides how value is divided in the divorce. Title decides who owns the property.[1] A home titled to one spouse can still be a marital asset in the divorce, but partition requires title.[1]
Timing is the other consequence. The dissolution judgment was entered in April 2023, the partition case followed, and the sale order was reversed in September 2026.[1] A court-ordered sale can be undone on appeal, as this one was,[1] so the order behind a listing matters as much as the listing.
What agents and investors may miss
- “Marital” is not a deed. The court called the marital label “merely a classification for purposes of equitable distribution.”[1]
- Mortgage liability affects the split. The reversed judgment divided proceeds equally and gave the husband no contribution credit for the mortgage he alone carried.[1] Net-proceeds estimates built on that kind of order can change on appeal.
- Joint title changes the analysis. Florida’s tenancy-by-the-entirety conversion rule applies to property the spouses held together.[3] The court said a home deeded to both spouses is presumed held by the entirety if the other legal requirements are met, but that presumption did not apply here.[1]
3 questions to ask
- Whose names are on the recorded deed today, and has anything been recorded since the divorce?
- What exactly does the divorce judgment say about title, possession, sale or transfer?
- If a court ordered the sale, is that order final, or is a rehearing motion or appeal still open?
The deed, the judgment and the order’s finality are three separate checks.
How this connects to CCTX™ Partition and EPCAS™
Would the average agent pull the deed before taking a “we have a court order to sell” listing? CCTX™ Partition teaches that authority-first check for co-owner and court-ordered sales. EPCAS™ (Elite Probate Client Acquisition System) applies the same discipline to probate and estate property.
Learn the transaction side of court-involved property: EPCAS™ — $297
This article is real-estate education, not legal advice.
Sources
- Vega v. Jaramillo, No. 6D2025-0532, Florida Sixth District Court of Appeal (appeal from Circuit Court for Orange County, No. 2023-CA-012678), decided September 4, 2026. Official opinion: flcourts-media.flcourts.gov — Opinion_2025-0532.pdf. Secondary copy: CourtListener.
- Florida Statutes § 64.031 (2026), “Parties” (partition). flsenate.gov/Laws/Statutes/2026/64.031.
- Florida Statutes § 689.15 (2026), “Estates by survivorship.” flsenate.gov/Laws/Statutes/2026/689.15.
Every source above was checked against the original on September 29, 2026.
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