Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 64.081 - Full Text and Legal Analysis
Florida Statute 64.081 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 64.081 Case Law from Google Scholar Google Search for Amendments to 64.081

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 64
PARTITION OF PROPERTY
View Entire Chapter
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.

F.S. 64.081 on Google Scholar

F.S. 64.081 on CourtListener

Amendments to 64.081


Annotations, Discussions, Cases:

Cases Citing Statute 64.081

Total Results: 31  |  Sort by: Relevance  |  Newest First

Copy

Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985).

Cited 872 times | Published | Supreme Court of Florida | 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238

...Stat. (1983) (paternity determinations); § 376.313, Fla. Stat. (Supp. 1984) (pollution damage actions); § 119.12, Fla. Stat. (Supp. 1984) (Public Records Act enforcement); § 440.39(3)(a), Fla. Stat. (Supp. 1984) (workers' compensation actions); § 64.081, Fla....
Copy

Cannon v. Morris, 407 So. 2d 372 (Fla. 1st DCA 1981).

Cited 15 times | Published | Florida 1st District Court of Appeal

...Summary Judgment was granted to appellee and this appeal ensued. Appellee had also moved for attorney's fees based on either the complete absence of a justiciable issue of law or fact, pursuant to Section 57.105, Florida Statutes (Supp. 1978), or appellee's success in defeating the partitioning, pursuant to Section 64.081, Florida Statutes (1967)....
...ight, the right to seek a partitioning of the property. Lambert v. Lambert, 403 So.2d 484 (Fla. 1st DCA 1981); Strollo v. Strollo, 365 So.2d 189 (Fla. 1st DCA 1978). Therefore, we reverse the summary judgment. Regarding the award of attorney's fees, Section 64.081, Florida Statutes, provides for an award of attorney's fees in a partitioning action, but it is improper to award fees pursuant to this statute in the absence of a partitioning....
Copy

Biondo v. Powers, 743 So. 2d 161 (Fla. 4th DCA 1999).

Cited 12 times | Published | Florida 4th District Court of Appeal | 1999 WL 966741

...Nevertheless, we affirm on all of the other points raised. The record reflects that the court properly credited Biondo with his initial contributions to the property and followed appropriate procedures in connection with its award of attorney's fees pursuant to section 64.081, Florida Statutes (1997)....
Copy

Power v. Power, 387 So. 2d 546 (Fla. 5th DCA 1980).

Cited 5 times | Published | Florida 5th District Court of Appeal

...rental value of the property while occupied by the spouse and minor children, unless the court in the judgment of dissolution has specifically provided otherwise. The trial court ordered the husband to pay $750.00 towards the wife's attorney's fee. Section 64.081, Florida Statutes (1979)....
Copy

Bucacci v. Boutin, 933 So. 2d 580 (Fla. 3d DCA 2006).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627456

...h the terms of the joint venture agreement, and that a distribution of the proceeds thereafter be made to the parties in proportion to their interest pursuant to section 64.071, after the payment of all costs, attorney fees and taxes, as required by section 64.081. In allocating each party's share of costs and attorney fees under section 64.081, the trial court may take into its consideration the fee shifting provision appearing in paragraph eight of the joint venture agreement....
Copy

Wilisch v. Wilisch, 335 So. 2d 861 (Fla. 3d DCA 1976).

Cited 5 times | Published | Florida 3rd District Court of Appeal

...There is no basis in this record for the allowance of an attorney's fee to the former husband in these combined proceedings. There was no partition; therefore, there is no statutory authority for an attorney's fee even if the court had proceeded under Fla. Stat. § 64.081....
Copy

Air Florida Sys., Inc. v. Transworld Airlines, Inc., 48 B.R. 437 (Bankr. S.D. Fla. 1985).

Cited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 40 U.C.C. Rep. Serv. (West) 1559, 1985 Bankr. LEXIS 6500

...TWA. Such a sale would be identical to what TWA itself did when it sold its rights in the Air Florida Facility to Air Florida in 1980. Accordingly, Air Florida is entitled to sell its rights in the Air Florida Facility under 11 U.S.C. § 363(h) and Section 64.081 Florida Statutes....
Copy

Leatherwood v. Sandstrom, 583 So. 2d 390 (Fla. 4th DCA 1991).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1991 WL 134059

...From the proceeds the court ordered first, payment of the first mortgage; second, the costs of sale; third, the amount owed to appellant; and fourth, the remainder to be divided between the parties. The court reserved jurisdiction to award costs and attorney's fees pursuant to section 64.081, Florida Statutes (1989)....
Copy

Robinson v. Barr, 133 So. 3d 599 (Fla. 2d DCA 2014).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 811577, 2014 Fla. App. LEXIS 2794, 39 Fla. L. Weekly Fed. D 467

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

Daugharty v. Daugharty, 441 So. 2d 1160 (Fla. Dist. Ct. App. 1983).

Cited 1 times | Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24367

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

Fernandez-Fox v. Reyes, 79 So. 3d 895 (Fla. 5th DCA 2012).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 511326, 2012 Fla. App. LEXIS 2447

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

Valerie K. Sherman v. Myron K. Sherman (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

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

Hosack v. Hosack, 679 So. 2d 852 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9721, 1996 WL 523185

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

Gammon v. Gammon, 301 So. 2d 31 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8512

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

Davis v. Lyons, 700 So. 2d 794 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 12203, 1997 WL 673807

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

Marrouche v. Homasey, 532 So. 2d 92 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2363, 1988 Fla. App. LEXIS 4631, 1988 WL 107128

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

Deshommes v. Bazin, 421 So. 2d 806 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21653

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

Cristina Vergne v. Jason Glidewell (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

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

Harmon v. Harmon, 453 So. 2d 77 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2145, 1984 Fla. App. LEXIS 13284

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

Haskell v. Rollins, 653 So. 2d 1149 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5028, 1995 WL 270907

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

Megan Cauble v. Gregory Kaczmarski (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

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

Diaz v. Sec. Union Title Ins. Co., 639 So. 2d 1004 (Fla. Dist. Ct. App. 1994).

Published | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5791, 1994 WL 259557

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

Alexandra Maria Casiano Vs Florence Casiano (Fla. Dist. Ct. App. 2023).

Published | District Court of Appeal of Florida

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

Robbins v. Robbins, 416 So. 2d 1257 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21095

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

Barden v. Pappas, 565 So. 2d 755 (Fla. Dist. Ct. App. 1990).

Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 5019, 1990 WL 95452

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

Friedberg v. Friedman, 434 So. 2d 49 (Fla. 2d DCA 1983).

Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 20896

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

Noyes v. Buskirk, 979 So. 2d 296 (Fla. 2d DCA 2008).

Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 2689, 2008 WL 539337

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

Guilford v. Guilford, 426 So. 2d 1269 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20193

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

Foucart v. Paul, 516 So. 2d 1035 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2813, 1987 Fla. App. LEXIS 11476, 1987 WL 2333

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

Moraitis v. Galluzzo, 511 So. 2d 427 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1987

...$1,048.43 more than the expenses awarded in the initial final judgment. There is also nothing in the record to explain why the trial court omitted the MDC mobile cabinet and the Kavo I handpiece from the list of the partition of personalty. Finally, section 64.081, Florida Statutes (1985) provides: 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 a...
...Appellees opposed the complaint for partition from the outset and counterclaimed for specific performance of an oral contract. We find ample evidence to support appellant's argument that the trial court erred in failing to award him fees in accordance with section 64.081....
Copy

Greene v. Galloway, 332 So. 2d 52 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14355

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.