Florida Partition Action: How to Force the Sale of Inherited Property

At-a-Glance: Florida Partition Actions

Metric / Parameter	Statutory Standard / Rule	Primary Authority
Who Can File	Any tenant in common, joint tenant, or coparcener	Fla. Stat. § 64.031
Minimum Interest Required	Any fractional share (e.g., 5%, 10%, 50%)	Fla. Stat. § 64.031
Court Discretion to Deny	Limited. Partition is a matter of right, but equity may withhold it in narrow circumstances	Fla. Stat. § 64.011; Rose v. Hansell, 929 So. 2d 22 (Fla. 3d DCA 2006)
Heirs Property Buyout Window	45 calendar days after statutory notice of buyout right	Fla. Stat. § 64.207
Valuation Requirement	Court determination of value — by cotenant agreement, court-ordered appraisal, or evidentiary hearing	Fla. Stat. § 64.206
Sale Method for Heirs Property	Open-market broker listing at no less than the determination of value; sealed bids or auction if the court finds either more economically advantageous and in the cotenants’ collective best interest	Fla. Stat. § 64.210
Legal Fees & Costs	Apportioned among cotenants on equitable principles in proportion to interest, for services of benefit to the partition	Fla. Stat. § 64.081

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What Is a Partition Action in Florida?

Florida law does not force anyone to remain in a co-tenancy they no longer want. Partition is therefore treated as a matter of right for a co-owner holding an undivided interest — not a favour the court grants or withholds based on sympathy. A court will not deny partition because a sibling objects emotionally, because the house has been in the family for decades, or because one co-owner lives there.

“A matter of right” is not the same as an absolute one. All partition actions are equitable proceedings, and in narrow circumstances a court will refuse the remedy — most commonly where the co-owners signed an enforceable agreement not to partition, where one party’s material breach made the arrangement inequitable, or where a prior judgment already distributed the property. Those exceptions are genuinely narrow, and a defendant relying on one should expect to lose without clear documentary proof.

Venue is established by Fla. Stat. § 64.022, requiring suit to be brought in the county where the lands or any part thereof lie. Partition is also a statutory remedy under Chapter 64 and must be specifically pleaded (Blew v. Blew, 358 So. 3d 1232 (Fla. 4th DCA 2023)).

Partition in Kind vs. Partition by Sale

• Partition in Kind (Fla. Stat. § 64.051, § 64.061): The court enters a judgment of partition and appoints three commissioners to physically divide the real estate into distinct, legally separated parcels assigned to each cotenant. This remedy is typically reserved for large tracts of vacant acreage or agricultural land.
• Partition by Sale (Fla. Stat. § 64.071): If the property is indivisible without great prejudice to the owners, the court orders the real estate sold and the cash proceeds apportioned.

Why a Single-Family House Is Almost Always Sold, Not Divided

Residential properties with single-family dwellings cannot be physically divided down the hallway without destroying their economic value and violating municipal zoning codes. Therefore, when siblings or heirs disagree over a single residential home, the court orders a partition by sale under Fla. Stat. § 64.071 or an open-market sale under Fla. Stat. § 64.210.

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Who Can File a Partition Action? (Fla. Stat. § 64.031)

Parties with legal standing to initiate partition include:

1. Intestate Heirs: Siblings or relatives who receive title jointly upon a family member’s death.
2. Surviving Spouses Electing an Undivided 1/2 Interest: A surviving spouse who elects to take an undivided 50% tenancy-in-common interest under Fla. Stat. § 732.401(2) within six months of death instead of a life estate.
3. Third-Party Purchasers & Investors: Outside buyers or real estate investors who acquired a partial fractional deed from an individual co-heir.
4. Devisees Under a Will: Beneficiaries who take title to real property as tenants in common under a validly probated testate estate.

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Partition During Probate: Fla. Stat. § 733.814

Most families believe they have two options: wait out probate, or file a separate lawsuit. Florida law provides a third, inside the estate itself.

What the statute allows. Where two or more beneficiaries are entitled to distribution of undivided interests in property, the personal representative or any single beneficiary may petition the court before the estate closes to partition it. The court may also direct the personal representative to sell property that cannot be partitioned without prejudice to the owners and cannot be allotted equitably and conveniently.

When the probate route is better

• The estate is already open with a judge assigned to the file.
• The dispute is among beneficiaries rather than with an outside party.
• The property is non-homestead estate property the personal representative already controls.
• The family would rather have one proceeding than two.

When a Chapter 64 civil action is the right route instead

• The estate has already closed.
• Title vested in the heirs at the moment of death — which is what happens with Florida homestead in probate.
• A third party has purchased a fractional interest from one of the heirs.
• The property was never an estate asset at all.

An unresolved question worth knowing about

Section 733.814 directs that partition proceed “in the same manner as provided by law for civil actions of partition.” Section 64.203(3) makes the Uniform Partition of Heirs Property Act part of that body of law. The natural reading is that the cotenant buyout and open-market sale protections travel with a § 733.814 petition into the probate court.

But Fla. Stat. § 64.203(2) conditions the Act on a partition action being “otherwise available under part I of this chapter,” and a § 733.814 petition is a creature of the Probate Code rather than Chapter 64. No Florida appellate court has resolved the tension.

The practical consequence: a beneficiary who specifically wants the buyout protections is on safer ground filing a Chapter 64 action once title has vested than assuming § 733.814 carries the Act along with it. That is a strategic choice worth making deliberately at the outset rather than discovering later.

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The Heirs Property Act: Florida’s Rules for Inherited Family Property (Fla. Stat. §§ 64.201–64.214)

This is not optional. Section 64.203(2) requires the court to determine whether the property is heirs property in any partition action, and if it is, the property must be partitioned under the Act unless every cotenant agrees otherwise in a record. A plaintiff cannot avoid it by declining to plead it, and the court is obliged to reach the question on its own. Section 64.203(3) provides that the Act supplements Chapter 64 Part I and replaces any Part I provision inconsistent with it.

1. The Statutory Three-Part Test for “Heirs Property” (Fla. Stat. § 64.202(6))

Real estate is legally classified as heirs property when it is held in tenancy in common and satisfies three statutory elements:

• There is no agreement in a record binding all the cotenants which governs the partition;
• One or more of the cotenants acquired title from a relative (living or deceased); and
• At least 20% of the total interests are held by relatives, at least 20% are held by someone who acquired title from a relative, or at least 20% of the cotenants are relatives.

2. Determination of Value (Fla. Stat. § 64.206)

The court determines the fair market value of the property before anything else happens. If all cotenants have agreed on a value or on a method of valuation, the court adopts it. Otherwise the court orders an appraisal by a disinterested, licensed Florida appraiser, valuing the property as though a single owner held the entire fee simple estate.

There is one narrow exception: if the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, it holds an evidentiary hearing and determines fair market value itself.

Where an appraisal is ordered, the appraiser files it with the court, the parties are notified within 10 days, and any party may object within 30 days. The court then holds a hearing no sooner than 31 days after the notice, considering the appraisal alongside any other evidence of value.

Section 64.206 also requires the court to determine equitable accounting adjustments where a party requests them — which means the credits and setoffs discussed below are resolved inside the heirs property procedure, not as a separate fight.

3. The Cotenant Statutory Buyout Right (Fla. Stat. § 64.207)

The buyout right is triggered only where a cotenant has requested partition by sale. If the filing cotenant asks for partition in kind instead, no buyout election arises.

Once fair market value is set, the court sends formal notice to all cotenants. Any cotenant who did not petition for partition by sale has 45 calendar days to elect to buy out all interests of the cotenants who requested the sale.

• Purchase Price Formula: The purchase price equals the total court-determined value multiplied by the selling cotenant’s exact fractional ownership share.
• Multiple Buyers: If multiple cotenants elect the buyout, the court allocates the available shares proportionally based on their existing interests.
• Payment Deadline: The court sets a binding closing date no sooner than 60 days following the notice period.

4. In-Kind Factors and Open-Market Broker Sales (Fla. Stat. §§ 64.208–64.211)

Under Fla. Stat. § 64.208, the court must order partition in kind if requested, unless the commissioners determine under Fla. Stat. § 64.209 that division would result in prejudice to the cotenants as a group. The commissioners weigh practical divisibility, aggregate economic diminution, duration of ownership, ancestral attachment, lawful use, and tax and maintenance contributions. No single factor is dispositive.

If a sale is ordered, an open-market sale is the default, but there are two ways a case reaches sealed bids or auction. The court may order either from the outset if it finds that method would be more economically advantageous and in the best interest of the cotenants as a group — a two-part finding. And under Fla. Stat. § 64.210(4), if the broker does not obtain an offer of at least the determination of value within a reasonable time, the court may then approve the highest outstanding offer, order a fresh valuation and keep marketing, or switch to sealed bids or auction.

The price floor is therefore real but time-limited: it holds absolutely during the marketing period, and becomes discretionary after it. Where a qualifying offer does arrive, Fla. Stat. § 64.211 requires the broker to file a report with the court within seven days.

One thing you will not find anywhere else on this topic

Florida adopted the Uniform Partition of Heirs Property Act effective 1 July 2020. As of this writing, no Florida appellate court has construed or applied any section of it. Every reported Florida partition decision since 2020 has been decided under the older Part I framework — including cases involving inherited, family-held property where the Act plainly could have applied.

That matters for two reasons. It means the buyout mechanics, the in-kind factors and the price floor have no appellate gloss yet, so anyone telling you confidently how a judge will apply them is guessing. And it means the arguments are still open — how “reasonable time” is measured under § 64.210(4), whether the Act reaches a probate partition under § 733.814, how commissioners weigh ancestral attachment under § 64.209. These are questions your lawyer gets to argue rather than look up.

It also means something practical: many lawyers handling these cases have not read the Act. If a partition complaint on inherited family property makes no mention of heirs property status, the court is still obliged to determine it under § 64.203(2) — and raising it is the first thing that should happen in the case.

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How a Partition Action Works: Step-by-Step Procedural Workflow

If the Property Is Heirs Property (Fla. Stat. §§ 64.201–64.214)

• No Buyout Completed: Court evaluates whether any cotenant formally requested partition in kind under Fla. Stat. § 64.208.
• Commissioners’ Prejudice Assessment: Sworn commissioners assess whether physical division causes prejudice to the owners as a group under Fla. Stat. § 64.209.
• Partition in Kind or Open-Market Sale: Property is physically divided or listed with a licensed real estate broker at no less than the determination of value under Fla. Stat. § 64.210.
• Broker Reporting: The broker files a formal report with the court within seven days of securing a qualifying purchase offer (Fla. Stat. § 64.211).
• Judicial Accounting & Fee Apportionment: The court calculates credits, setoffs, and apportions statutory attorney fees under Fla. Stat. § 64.081 against each party’s share before final distribution.

If the Property Is Not Heirs Property (Traditional Chapter 64 Part I)

• Judgment of Partition: Entry of an interlocutory judgment determining the parties’ title rights under Fla. Stat. § 64.051.
• Appointment of Three Commissioners: Court appoints three sworn commissioners to execute physical partition unless the parties agree otherwise; the report is filed, giving parties 10 days to object under Fla. Stat. § 64.061. For indivisible property the court may appoint a special magistrate or the clerk to handle the sale.
• Public Auction Sale: If commissioners report the land is indivisible without prejudice, the court orders a public auction to the highest bidder under Fla. Stat. § 64.071. The court may authorize credit terms with at least one-third paid down unless all parties consent otherwise.
• Judicial Accounting: The court reconciles carrying costs, third-party rents, and preservation expenses.
• Distribution: Net funds are disbursed with costs and fees apportioned under Fla. Stat. § 64.081.

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What Does a Partition Action Cost, and Who Pays? (Fla. Stat. § 64.081)

Circuit Court Filing Fees

Florida charges a graduated filing fee in civil actions relating to real property, based on the value of the claim (Fla. Stat. § 28.241):

Value of the Claim	Statutory Circuit Court Filing Fee
$50,000 or less	$395
More than $50,000, less than $250,000	$900
$250,000 or more	$1,900

A partition over a typical South Florida home falls in the top tier. Add a $4 court education fee, summons issuance costs, and service of process fees for each defendant.

What the Fee Rule Does and Does Not Do

Florida Statute § 64.081 provides that “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.”

• It does NOT let a court punish an uncooperative co-owner by handing them the entire bill. In Wolland v. Wolland, 433 So. 3d 1276 (Fla. 3d DCA 2026), the Third District reversed a judgment that did exactly that. The trial court was entitled to find the plaintiff’s fees were of benefit to the partition — but it had no discretion to assign liability for all of them to one party. Apportionment tracks ownership interest.
• It does NOT excuse a co-owner from paying because they fought the case. In Diaz v. Security Union Title Insurance Co., 639 So. 2d 1004 (Fla. 3d DCA 1994), a cotenant deemed to have held the property adversely was still liable for her proportional half. Hostility does not buy you out of the share.
• What it DOES do is exclude work that did not advance the partition. In Daugharty v. Daugharty, 441 So. 2d 1160 (Fla. 1st DCA 1983), a defending co-owner’s lawyer raised a series of frivolous defenses and motions in opposition to the partition, and the court denied that lawyer a fee award. The obstruction cost his own client the recovery — not the other side.
• It cuts both ways. Under § 64.081, both sides’ attorneys can be compensated for work that benefited the partition, and every party has both the right to have the others share in their fees and the responsibility to share in everyone else’s.

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The Accounting: Taxes, Mortgages, Repairs, and Rent

Expense Classification & Credit Standards

Expense Type	How Florida Courts Treat It in the Partition Accounting
Property taxes and assessments	The paying co-owner recovers the other co-owners’ proportionate shares — not the full amount paid. A 50% owner who paid all the taxes recovers 50%.
Mortgage principal and interest	Same proportionate treatment. Recognised as preserving the equity everyone shares (Cauble v. Kaczmarski).
Hazard and windstorm insurance	Same proportionate treatment.
Necessary maintenance and repairs	Recoverable at cost, again limited to the other co-owners’ proportionate shares. Roof, plumbing, electrical — the work that prevents the asset deteriorating.
Capital improvements and remodelling	Recoverable only to the extent the improvement increased the property’s market value — not the amount spent (Schroeder v. Lawhon, 922 So. 2d 285 (Fla. 2d DCA 2006)). A $50,000 kitchen that added $20,000 of value is a $20,000 claim.
Rent collected from a third party	The collecting co-owner must account to the others for their share of the net rents.

Sibling Living Rent-Free: The Legal Doctrine of Ouster

A co-owner in sole possession is not obligated to pay rent to absent cotenants simply because they reside in the property. Under Florida law, each cotenant holds an equal right to possess the whole property.

The controlling authority is Barrow v. Barrow, 527 So. 2d 1373 (Fla. 1988): an out-of-possession co-owner may set off fair rental value only where the co-owner in possession held the property adversely or committed an ouster. Sole possession by itself is not an ouster (White v. White, 820 So. 2d 432 (Fla. 4th DCA 2002)).

Florida courts continue to police this closely in exactly the fact pattern families find themselves in:

• In Seaborn v. Seaborn, 413 So. 3d 989 (Fla. 2d DCA), the Second District reversed a back-rent adjustment in a partition of an inherited home between siblings because no ouster was established.
• In Artis v. Stephens (Fla. 4th DCA), the Fourth District affirmed a finding of ouster and an unequal distribution that followed from it because the occupying cotenant actively locked out and excluded the other co-owners.

The difference between those two outcomes is evidence — documented, actual exclusion, not resentment.

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Waste, Title Defects, and Mortgages

Property Waste and Neglect

Where an occupying cotenant commits active waste — demolishing structures, damaging fixtures — or permissive waste, such as allowing the roof to fail or leaving severe water damage unremediated, the conduct is relevant to the final accounting. Because partition is an equitable proceeding under Fla. Stat. § 64.011, waste is the kind of conduct a court can take into account when adjusting the parties’ shares.

Partition vs. Quiet Title Actions

If co-owners agree that they share title but dispute whether to sell, partition is the appropriate remedy. If instead there is a fundamental break in the chain of title — an unprobated deed, a wild deed, or an unresolved question about whether an heir was legally adopted or omitted — filing a partition action before resolving the underlying title defect can waste a year or more. In those cases a quiet title action, or a formal petition for determination of beneficiaries under Fla. Stat. § 733.105, must precede or run alongside the partition.

Existing Mortgages on the Inherited Property

Existing mortgages follow the property. When the court orders a partition sale, the outstanding mortgage balance is satisfied in full at closing from the gross purchase funds before net proceeds are divided. A co-heir who never signed the underlying promissory note has no personal liability for the debt, but their equity in the home remains encumbered by the mortgage lien.

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Common Myths About Florida Partition Actions

Myth 1: “We need a majority of siblings to agree before selling the house.”

• Reality: False. Under Fla. Stat. § 64.031, any single co-owner can unilaterally file a partition lawsuit and force a sale regardless of how many heirs object.

Myth 2: “If I file a partition lawsuit, the property will be sold off cheap at a courthouse-steps auction.”

• Reality: False for inherited family property that qualifies as heirs property. Under the Uniform Partition of Heirs Property Act (Fla. Stat. § 64.210), heirs property must first be offered for cotenant buyout and is then listed openly with a licensed real estate broker at no less than the court’s determination of value. Ordinary partitions of non-heirs property under Fla. Stat. § 64.071, by contrast, go to public auction with no reserve.

Myth 3: “I can evict my sibling who lives in our deceased parent’s home.”

• Reality: False. You cannot evict a legal co-owner under standard landlord-tenant statutes because they own an undivided fee interest. Partition is the remedy that actually works. It terminates the co-tenancy itself rather than trying to remove a person who has every legal right to be there. And where an occupying co-owner has gone further and actually excluded the others — changed the locks, refused entry in writing, asserted sole ownership — that is an ouster, and a claim for the excluded owners’ share of fair rental value runs alongside the partition.

Myth 4: “I spent $50,000 on luxury upgrades, so I get the full $50,000 back in the partition.”

• Reality: False. Florida courts distinguish between necessary repairs, reimbursed at cost on a proportionate basis, and discretionary capital improvements, reimbursed only up to the amount the improvement actually elevated the market value of the property (Schroeder v. Lawhon).

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When You Cannot Bring a Partition Action

1. Life Tenant against Remaindermen, and Remaindermen against Each Other

Partition requires concurrent interests. A life tenant cannot partition against the remaindermen, because a life estate is not a joint interest with anyone — see Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. 2d DCA 1985). Less obviously, one remainderman cannot partition against another while the life estate is still outstanding — Weed v. Knox, 157 Fla. 896, 27 So. 2d 419 (Fla. 1946). Two siblings holding vested remainders in the family home are stuck until the surviving spouse’s life estate ends.

This is precisely why the surviving spouse’s election matters. Under Fla. Stat. § 732.401(1) a surviving spouse takes a life estate with a vested remainder to the descendants. Under Fla. Stat. § 732.401(2) the spouse may instead elect an undivided one-half interest as a tenant in common, recorded within six months of death. That election converts a life estate and remainder into a co-tenancy — and unlocks partition for both sides.

2. Tenancy by the Entireties

Married spouses holding as tenants by the entireties cannot partition against each other during an intact marriage; the tenancy converts to a partitionable tenancy in common on entry of a final judgment of dissolution. Note also that under Fla. Stat. § 731.201(33), property held in tenancy by the entireties or in joint tenancy with rights of survivorship is not “protected homestead” for Probate Code purposes at all.

3. Enforceable Agreement Not to Partition

Co-owners who execute a valid, recorded contract or operating agreement waiving the right of partition for a reasonable period cannot initiate suit. This is also what takes the property out of the Heirs Property Act under Fla. Stat. § 64.202(6)(a).

4. Estate Property Where Beneficiaries’ Shares Have Not Been Determined

Administration itself is not a bar. Fla. Stat. § 733.814 lets the personal representative or any beneficiary petition the probate court to partition estate property before the estate closes. What must be resolved first is who the beneficiaries are and what fraction each takes. Where heirship is contested or a will is being challenged, the determination of beneficiaries under Fla. Stat. § 733.105 comes before any partition can be allotted.

5. Real Estate Held in Trust

Beneficiaries of a trust cannot partition real estate held in title by a trustee; their remedies lie in trust administration proceedings under Chapter 736. However, once the trustee formally distributes the property and conveys title to the beneficiaries as tenants in common, they become ordinary cotenants and Chapter 64 applies normally.

Homestead Is Not the Bar Most People Assume

Article X, § 4 of the Florida Constitution exempts homestead from “forced sale under process of any court.” Families read that and conclude the house cannot be sold. That is not what the provision does.

The Florida Supreme Court held in Tullis v. Tullis, 360 So. 2d 375 (Fla. 1978), that “our constitutional provisions allow the partition and forced sale of homestead property upon suit by one of the owners of that property, if such partition and forced sale is necessary to protect the beneficial enjoyment of the owners in common to the extent of their interests in the property.” The exemption protects the family home from being seized for the owner’s debts. It was never intended to let one co-owner trap the others’ capital in a house indefinitely.

Two real constraints do apply, and they are the ones that decide cases:

• Protected homestead is not an estate asset. It vests in the heirs the moment the owner dies, the personal representative does not take possession of it, and the personal representative has no power to sell it. That means Fla. Stat. § 733.814 is unavailable for homestead — the heirs must bring their own Chapter 64 action among themselves.
• Court-ordered exclusive possession changes the analysis. Where a court has already awarded one co-owner exclusive possession of the home, homestead protection can bar partition. Tullis distinguished Hoskin v. Hoskin, 329 So. 2d 19 (Fla. 3d DCA 1976), on exactly that ground — in Tullis neither party had been granted exclusive possession, and that was the fact that made the difference.

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Strategic Alternatives to Filing: Buyouts, Financing, and Mediation

1. Pricing a Buyout: Why a Single Neutral Appraisal Beats Duelling Ones

When co-owners attempt a private buyout, the process often collapses because each party hires their own appraiser — one seeking an aggressive valuation, the other aiming low. The strategic solution is a binding pre-buyout agreement to retain a single neutral state-certified residential appraiser whose valuation both parties agree in advance to accept, or to average two appraisals falling within an agreed spread. Once agreed, title is conveyed using a standard Florida quitclaim deed.

2. Probate Financing and Cash-Out Refinancing

Cotenants wishing to retain the property frequently face liquidity issues. Specialised probate lenders and conventional mortgage brokers provide cash-out refinance loans secured by the property’s equity, allowing the occupying cotenant to disburse cash payouts directly to departing siblings at closing.

3. Selling Undivided Interests to Third-Party Investors: The Hidden Trap

Heirs frustrated by sibling gridlock are frequently targeted by real estate investors offering quick cash for their fractional share — for example, buying a 33% interest for a fraction of its proportionate value.

Why the price is bad: investors buy fractional interests at a steep discount precisely because they intend to step into the heir’s shoes, file a Chapter 64 partition lawsuit against the remaining family members, and capture the difference. Selling to an investor does not save the family home — it introduces a litigation adversary into the title.

4. Mediated Partition Settlement Agreements

Circuit courts routinely refer partition suits to mediation. A binding, enforceable mediated settlement agreement should explicitly address:

• The agreed valuation or broker selection process;
• Listing and showing protocols;
• Allocation of interim carrying costs — mortgage, taxes, insurance;
• Exact dollar figures for past expense reimbursements; and
• A clause converting the agreement into a stipulated consent judgment if any party fails to sign closing documents.

5. Consensual Broker Listing Agreements

Co-owners mutually sign a standard listing agreement with a licensed broker, agreeing in writing at the outset on the net equity split and carrying-cost credits, and proceeding under standard procedures for selling an inherited house in Florida. Para la versión en español, consulte vender casa heredada.

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How to Stop or Defend a Partition Action

If the partition is denied outright, the fee exposure reverses. Section 64.081 authorises fees for effecting a partition. Where partition is refused, Florida courts have consistently held there is no statutory basis for a fee award at all — Moraitis v. Galluzzo, 487 So. 2d 1151 (Fla. 4th DCA 1986); Wilisch v. Wilisch, 335 So. 2d 861 (Fla. 3d DCA 1976); Barden v. Pappas, 565 So. 2d 755 (Fla. 2d DCA 1990). Barden went further and held that where partition was refused, a pro rata apportionment against all parties — including the co-owner who successfully resisted — was error.

This changes the arithmetic of defending. A co-owner who defeats a partition does not merely keep the house. They also avoid contributing to the fees of the lawsuit brought against them.

Primary legal defences and tactical remedies:

• Exercise the Fla. Stat. § 64.207 statutory buyout. The single strongest defence to keep inherited property in the family is formally electing the 45-day buyout under the Heirs Property Act.
• Enforce a recorded agreement not to partition. An enforceable written agreement among the co-owners is one of the narrow circumstances in which a Florida court will refuse partition — and it is also what removes the property from the Heirs Property Act under § 64.202(6)(a).
• Assert court-awarded exclusive possession of homestead. Where a court has already granted one co-owner exclusive possession of a homestead, homestead protection can bar partition — the distinction Tullis drew from Hoskin v. Hoskin, 329 So. 2d 19 (Fla. 3d DCA 1976).
• Petition for physical partition in kind. Present survey and zoning evidence under Fla. Stat. § 64.209 establishing that the land can be physically divided without economic waste.
• Assert comprehensive accounting setoffs. File counterclaims for all uncredited property taxes, insurance, mortgage paydowns, and maintenance expenses (Cauble v. Kaczmarski).
• Challenge title and ownership percentages. Contest the plaintiff’s standing if heirship or the conveyance chain is defective, requiring determination under Fla. Stat. § 733.105.

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Tax Implications and Distribution of Partition Proceeds

• Stepped-Up Tax Basis: Under 26 U.S.C. § 1014, inherited real estate receives a basis adjustment to the fair market value on the decedent’s date of death (see our guide to Florida inheritance tax). Heirs pay capital gains taxes only on appreciation occurring after the date of death.
• Documentary Stamp Tax: Florida charges documentary stamp tax on deeds under Fla. Stat. § 201.02, and the rate depends on the county and on the nature of the transfer. The treatment of a deed issued in a partition — as opposed to an ordinary sale — depends on whether and what consideration passes between the co-owners. Confirm the figure for your transaction before you rely on it; this is a place where a general rule will mislead you.
• Mortgage Payoffs: Outstanding mortgage liens are satisfied directly at closing from the gross purchase funds before any net equity is distributed to cotenants.

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Florida Jurisdictions We Serve

Our firm prosecutes and defends partition lawsuits across Florida circuit courts, including:

• 11th Judicial Circuit: Miami-Dade County
• 17th Judicial Circuit: Broward County (Fort Lauderdale)
• 15th Judicial Circuit: Palm Beach County (West Palm Beach)
• 9th Judicial Circuit: Orange County (Orlando) and Osceola County
• 5th Judicial Circuit: Lake, Marion, and Sumter Counties

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Frequently Asked Questions (FAQ)

Do all heirs have to agree to sell property in Florida?

No. All heirs do not have to agree. Any single heir holding a fractional undivided title interest can file a partition lawsuit under Fla. Stat. § 64.031 to force the sale of the real estate.

Can heirs who disagree be forced to sell inherited property in Florida?

Yes. Florida circuit courts will order a partition sale under Fla. Stat. § 64.071 or Fla. Stat. § 64.210 if cotenants cannot agree on a voluntary sale or buyout — or, for heirs property where a cotenant requests it and the commissioners find no prejudice, a physical division of the land instead.

What happens if one heir refuses to sell?

If one heir refuses to sell, the other co-owners can initiate a partition action. The refusing heir must either exercise their statutory right to buy out the other heirs under Fla. Stat. § 64.207 or the court will order the property sold on the open market.

Can you force the sale of inherited property in Florida?

Yes. A co-owner can force the sale by filing a complaint for partition in the circuit court where the property is located under Fla. Stat. § 64.022.

Inheriting a house with siblings in Florida — what are your options?

Siblings who inherit a house can: (1) agree to sell on the open market and split the proceeds; (2) execute a private buyout agreement; (3) retain the home as a shared rental; or (4) file a partition action to force a court-supervised buyout or open-market sale.

Selling an inherited house with multiple heirs in Florida — how is it handled?

If all heirs agree, they sign a listing agreement and deed. If heirs disagree, title cannot be transferred with clear marketability without either probate court approval or a partition action judgment under Chapter 64.

What do estate attorneys recommend when siblings fight over selling an inherited house?

Attorneys generally recommend obtaining an independent appraisal, exploring refinancing options for a buyout, engaging in formal mediation, and filing a partition action if informal negotiations fail.

What happens when one sibling lives in an inherited property and refuses to sell?

The non-occupying siblings can file a partition action. While they cannot evict their sibling under tenancy statutes, partition terminates the co-tenancy and forces a buyout or open-market sale, with accounting credits applied for carrying costs.

Inherited property disputes in Florida — how are they resolved?

Disputes are resolved through negotiated buyout agreements, estate settlement agreements, court mediation, or judicial partition actions under Fla. Stat. Chapter 64.

Can a partition action be filed on inherited property in Florida?

Yes. Inherited property held as a tenancy in common is fully eligible for partition under Fla. Stat. § 64.031 and Fla. Stat. § 64.203.

What happens when siblings inherit a house and cannot agree to sell?

Any sibling may file a partition action. Under the Uniform Partition of Heirs Property Act, where a cotenant has requested partition by sale, the other siblings have 45 days to buy out the filing sibling at the court-determined value before an open-market broker sale is ordered.

How does heirs’ property complicate a family’s ability to sell or finance a home?

Heirs property fragments title among multiple descendants, preventing any individual heir from securing a traditional mortgage, obtaining title insurance, or delivering marketable title without unanimous consent or a court partition decree.

Does the Uniform Partition of Heirs Property Act apply in Florida?

Yes. Florida enacted the Uniform Partition of Heirs Property Act under Fla. Stat. §§ 64.201–64.214, which governs partition lawsuits involving family-inherited tenancy-in-common properties.

Can I get a loan to buy out siblings from my inherited house?

Yes. Heirs can secure probate loans, estate financing, or conventional cash-out refinancing against the equity in the inherited home to fund a full buyout of their siblings’ shares.

Can siblings force the sale of inherited property?

Yes. Any sibling who is on title as a tenant in common can force the sale of inherited property by filing a partition action under Fla. Stat. § 64.031.

Two of four heirs want to keep the house and won’t buy out the others — what now?

The two heirs who want to sell can file a partition action. Under Fla. Stat. § 64.207, the heirs who want to keep the home must either pay the court-determined value to buy out the selling heirs within the statutory deadlines or allow the property to be sold on the open market.

Can probate force the sale of a house?

A probate court can authorize the personal representative to sell non-homestead real property to pay valid creditor claims or estate administration expenses under Fla. Stat. § 733.613 (see also our guide to the cost of probate in Florida). However, protected homestead property passes directly to heirs and cannot be sold without heir consent or a partition action.

How long does it take to force the sale of property?

In our experience, a partition that settles at the buyout stage resolves in roughly four to six months, and a contested case with a real accounting dispute runs nine to eighteen. No Florida statute sets a deadline for completing a partition, and anyone who promises you a date on a first call is guessing. What the statute does fix are the internal clocks — the 45-day buyout election, the 60-day payment date, the 10-day window to object to a commissioners’ report, the seven-day broker report.

What is a partition action?

A partition action is a statutory lawsuit under Fla. Stat. Chapter 64 allowing co-owners of real estate to sever their co-tenancy and obtain a court-ordered sale or physical division of the property.

What does partition mean in real estate?

Partition means the formal legal severance and division of undivided concurrent interests in real estate among joint tenants or tenants in common.

What is partition in kind?

Partition in kind is the physical division of real property into separate parcels assigned to each cotenant. The court enters the judgment of partition under Fla. Stat. § 64.051 and appoints commissioners to carry it out under Fla. Stat. § 64.061. For heirs property, Fla. Stat. § 64.208 makes partition in kind the default where any cotenant requests it, unless the commissioners find it would prejudice the cotenants as a group.

What is partition by sale?

Partition by sale is a court-ordered disposition of real estate under Fla. Stat. § 64.071 where the proceeds of sale are divided among cotenants because the land cannot be physically divided without prejudice.

Do I need a lawyer for a partition action?

Practically, yes — and the reasons are specific. The complaint has to plead every cotenant’s exact fractional interest under Fla. Stat. § 64.041, and getting that wrong stalls the case. If the property is heirs property, the 45-day buyout election under § 64.207 runs whether or not you understood it. The accounting at the end is an evidentiary proceeding: the credits you can prove with receipts are the credits you get. And partition must be specifically pleaded as a statutory remedy, which is a common defect in self-filed complaints.

Can a partition action be filed in probate court?

Yes. Under Fla. Stat. § 733.814, the personal representative or any beneficiary may petition the probate court to partition estate property before the estate is closed, where two or more beneficiaries are entitled to undivided interests. The court applies the same rules as a civil partition action and may direct the personal representative to sell property that cannot be divided without prejudice. A separate Chapter 64 civil action is the alternative, and it is the only route once the estate has closed or where the property is protected homestead that never entered the estate.

Who gets the money after a partition sale?

Net proceeds are distributed to the cotenants in proportion to their fractional title ownership after paying closing costs, court-appointed magistrate fees, statutory attorney fees under Fla. Stat. § 64.081, and accounting adjustments.

Can the house be sold below market value in a partition?

It depends entirely on whether the property is heirs property. If it is — meaning it was inherited within a family and meets the § 64.202(6) test — you are protected: value is set under Fla. Stat. § 64.206, and Fla. Stat. § 64.210 requires the court-appointed broker to offer it at a price no lower than that determination of value. That floor holds during the marketing period. If no qualifying offer arrives in a reasonable time, the court may then approve the best outstanding offer even if it is below value, order a fresh valuation, or switch to sealed bids or auction.

If the property is not heirs property, the ordinary rule in Fla. Stat. § 64.071 applies and the land may be sold at public auction to the highest bidder, with no reserve price. That difference is one of the most consequential things a lawyer establishes early in a partition case.

What if a co-owner cannot be found?

If a cotenant cannot be located after diligent search, Florida law permits constructive service by publication. In an heirs property action, Fla. Stat. § 64.204 additionally provides for notice by posting a conspicuous sign on the property. Where a missing cotenant’s share of the proceeds cannot be delivered, it is held for that party rather than redistributed to the others.

Can a life tenant force a sale?

No. A life tenant cannot force a partition sale against remaindermen because their interests are successive rather than concurrent (Garcia-Tunon v. Garcia-Tunon, 472 So. 2d 1378 (Fla. 2d DCA 1985)).

Can you partition homestead property in Florida?

Yes. The homestead protection in Article X, § 4 of the Florida Constitution shields the property from forced sale for the owner’s debts — it does not prevent a co-owner from partitioning. In Tullis v. Tullis, 360 So. 2d 375 (Fla. 1978), the Florida Supreme Court held the constitution permits partition and forced sale of homestead on suit by one of the owners. Protected homestead vests in the heirs at the moment of death, so co-heirs can bring a Chapter 64 partition directly against each other. The exceptions are a surviving spouse’s life estate, which is not a co-tenancy, and property where a court has awarded one co-owner exclusive possession (Hoskin v. Hoskin, 329 So. 2d 19 (Fla. 3d DCA 1976)).

What if minor children inherited an interest in the homestead?

This is the hardest version of the question and Florida law does not clearly answer it. Article X, § 4(c) bars devise of homestead where the owner is survived by a spouse or minor child, and requires spousal joinder to alienate it. Where minor children hold vested remainder interests, the constitutional protections designed for their benefit are at their strongest, and no Florida court has squarely held whether a forced partition sale is available. Do not assume either answer applies to your situation — this fact pattern needs an individual assessment.

Can you partition tenancy by the entirety property?

No. Married spouses cannot partition property held as tenants by the entirety while the marriage is ongoing.

How do I stop a partition action?

A cotenant stops a partition sale by exercising their statutory buyout right under Fla. Stat. § 64.207, demonstrating an enforceable agreement not to partition, proving court-awarded exclusive homestead possession, or settling through private mediation.

Can I evict my sibling from an inherited house?

No. You cannot evict a co-owner using standard landlord-tenant eviction procedures, because they hold an undivided ownership interest and have the same right to possess the property that you do. Partition is the remedy that works — it ends the co-tenancy itself rather than trying to remove someone entitled to be there. If your sibling has gone further and actively excluded you, that is an ouster, and under Barrow v. Barrow, 527 So. 2d 1373 (Fla. 1988), a claim for your share of fair rental value runs alongside the partition.

Who pays property taxes on inherited property with siblings?

All co-owners are responsible in proportion to their ownership share. A sibling who pays 100% of the taxes does not get all of it back — in the partition accounting they recover the other co-owners’ proportionate shares out of those co-owners’ sale proceeds. A 50% owner who paid every tax bill recovers 50%. Florida appellate courts have repeatedly reversed trial courts that awarded a full 100% credit.

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How Do You Decide Between Settling and Filing?

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When Do You Need a Partition Litigation Attorney?

Situations suitable for informal settlement:

• All co-owners agree in writing on the market value of the property.
• One heir has verified lender pre-approval to buy out the other heirs within 30 to 60 days.
• Carrying costs — taxes, mortgage, insurance — are being shared without animosity.

Situations requiring an experienced partition litigation attorney:

• One heir refuses to communicate, sign listing paperwork, or allow real estate agents entry.
• A co-owner is living in the home rent-free while other heirs pay the mortgage and taxes, requiring documented proof of ouster (Barrow v. Barrow).
• An outside third-party investor acquired a partial interest from a family member and is attempting to force a lowball buyout.
• Title is clouded by unprobated wills, missing heirs, or unrecorded deeds, requiring proceedings under Fla. Stat. § 733.105.

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This article discusses Florida law in general terms and is not legal advice for your situation. Partition outcomes turn on the specific facts of how title is held, who paid what, and who has been living in the property. For guidance on your circumstances, consult a Florida-licensed attorney.

Jose M. Lorenzo, Jr. — Attorney, The Florida Bar No. 107002.

Last reviewed: August 18, 2026