How to Force the Sale of an Inherited Interest in Land under Florida Law

This FAQ-style guide explains, in plain language, how a co-owner who inherited an interest in real property can seek a court-ordered partition (including a forced sale) in Florida. This is educational material only and is not legal advice. If you need help with a specific case, speak to a licensed Florida attorney.

Detailed Answer — Step-by-step under Florida law

Partition actions in Florida are governed by Chapter 64 of the Florida Statutes. The law lets persons who own real property together (co-owners) ask the circuit court where the property lies to divide the land (partition in kind) or, when division is impractical or unfair, to sell it and divide the proceeds (partition by sale). See Florida Statutes, Chapter 64: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html.

1. Confirm you have a legal interest that can be partitioned

Anyone with a present legal, equitable, or vested interest in real property may seek partition. That typically includes heirs, devisees, surviving joint tenants or tenants in common. If your interest is contingent (for example, subject to an unresolved probate issue), you should resolve the underlying matter first or get legal advice about whether the court will require joinder of the probate estate or interested parties.

2. Choose the right court and county

File the partition complaint in the Florida circuit court for the county where the land is located. Circuit courts hear title and partition matters.

3. Prepare the Partition Complaint

A typical partition complaint includes:

Identification and legal description of the property (from the deed).
Your interest and how you acquired it (inheritance, will, intestacy).
The names and addresses (if known) of all persons having any recorded or unrecorded interest or claim in the property (co-owners, lienholders, mortgagees, parties in possession).
A statement requesting partition in kind or, if partition in kind is impracticable or unjust, an order for sale and division of proceeds.
Request that the court appoint commissioners or a special master to divide or sell the property and account for the proceeds.

The complaint must join everyone who claims an interest because the court must determine and bind all parties’ rights. If someone is unknown or cannot be located, the court process will allow service by publication where appropriate.

4. Serve all required parties

After filing, you must serve the complaint and summons on all named parties (personal service, substitute service, or service by publication if authorized). The clerk of court or your process server can explain local practices. Failure to join necessary parties can delay or invalidate the result.

5. Typical court process and what to expect

Response/Answer: Defendants typically have the time set by Florida rules to answer the complaint. If no answer, the court may enter default against them.
Show cause / preliminary hearing: The court will determine ownership, interests, and whether partition in kind is practicable.
Appointment of commissioners or a special magistrate: If the court orders partition in kind, it will appoint commissioners to physically divide the property. If partition in kind is not practicable, the court will order a sale and appoint a person to sell.
Valuation and sale: The court may order appraisals. If sale is ordered, it will set terms: public auction or private sale under court supervision. Liens and mortgages are paid from sale proceeds before distributing the net proceeds to owners in their ownership shares.
Accounting and distribution: The court confirms the sale, pays costs and liens, and distributes the remainder to co-owners according to their shares.

6. When will the court order a sale instead of dividing the land?

The court prefers partition in kind when the property can be fairly divided without significantly impairing value. The court will order a sale when division is impractical, would produce unequal or unfair results, or when the property’s nature (a single-family home, small tract) makes physical division unreasonable.

7. Costs, liens, and mortgages

Costs of sale, attorneys’ fees (if awarded), and valid liens/mortgages are paid out of sale proceeds before distribution. If you inherit land subject to a mortgage, the mortgage remains a lien on the property until paid or resolved.

8. Timeframe and common delays

Uncontested partitions can complete in a few months; contested matters (disputes over title, necessary parties, appraisal disagreements) can take a year or more. Locating adverse claimants, resolving probate issues, and addressing secured debts commonly extend timelines.

9. Practical options before filing

Because litigation costs time and money, consider these alternatives first:

Negotiate a buyout with co-owners.
Use mediation to resolve disputes and agree on a sale method.
Agree to an agreed-upon appraiser and sale plan to avoid protracted fights.

Helpful Hints

Gather documents first: deed(s), death certificate, will or probate documents, mortgage statements, tax bills, and any written agreements among co-owners.
Do a title search: Confirm all recorded interests and lienholders. The county clerk or a title company can help.
Identify and try to locate every person with a potential interest—heirs, devisees, former owners, and lienholders. Courts require their joinder or authorized notice.
Get an independent appraisal before filing. A professional value estimate helps the court and negotiations.
Check whether the property is in a trust or subject to a probate estate; coordinate with probate counsel if needed.
Ask the county clerk’s office about filing fees and local procedural forms. Fees and local requirements can vary by county.
Consider mediation early. Many courts encourage or require mediation in property disputes.
Prepare for costs: court filing fees, service fees, appraisal fees, commissioner or auction expenses, and attorneys’ fees if you hire counsel.
If you are an out-of-state heir, hire local Florida counsel or a Florida-licensed attorney to ensure compliance with Florida procedural rules.

Key Florida Statute

Chapter 64, Florida Statutes (Partition) is the primary statutory authority for partition actions: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0064/0064.html. Review that chapter for detailed statutory provisions and consult a Florida attorney for case-specific interpretation.

When to talk to an attorney

Consider consulting a Florida real property or probate attorney if:

Title is unclear or there are competing claims.
There are mortgages, liens, or potential creditors of the estate.
Parties are difficult to locate or refuse to cooperate.
You need help preparing pleadings, serving parties, or representing you at hearings.

An attorney can prepare the complaint, ensure all necessary parties are joined, advise on whether partition in kind is realistic, and represent your interests through sale or division.

Final note and disclaimer

This article explains general procedures and practical steps for seeking partition and a forced sale of an inherited interest in Florida real property. It is educational only and does not create an attorney-client relationship. This is not legal advice. For advice about a specific situation, consult a licensed Florida attorney familiar with real property and probate matters.