Detailed Answer — What you can do under Florida law

When the other side asks the court to sell a house without proposing buyout terms, your available routes depend on the type of case: a family law matter (dissolution of marriage/equitable distribution) or a partition action (co-owners who are not divorcing). Below are the common options, what courts typically consider, and practical steps you can take.

1) If this is part of a Florida divorce (equitable distribution)

In a Florida dissolution, the court must divide marital assets equitably. The court may order one spouse to keep the home, order the home sold with proceeds divided, or order one spouse to buy out the other. The relevant statutory framework for distribution of marital assets is in Chapter 61 of the Florida Statutes (see general guidance at Fla. Stat. Ch. 61).

If the other spouse only asks the court to sell the house (no buyout requested), you can:

• File a written response asking the court to consider a buyout or alternative division of the home. Propose a concrete buyout formula (for example: current fair market value minus mortgage payoff and agreed closing costs, with the buyer paying the other spouse that net amount).
• Ask the court to order a professional appraisal (or expert valuations) or to appoint commissioners to value the home so a buyout can be based on a reliable number.
• Ask for temporary relief: temporary possession, payment of mortgage, taxes, insurance, and utilities while the court decides. Florida courts commonly address temporary possession and support in family law proceedings.
• Propose mediation or settlement negotiations to resolve ownership or buyout terms without sale. Many family courts expect parties to attempt alternative dispute resolution before final orders.

The court will weigh factors such as each spouse’s financial circumstances, contributions to the marriage (including non‑monetary contributions like homemaker duties), tax consequences, and whether one spouse has the need and ability to keep the home. See Chapter 61 for statutory guidance: Fla. Stat. Ch. 61.

2) If this is a partition action (co-owners outside of divorce)

When two or more co-owners (for example, siblings, business partners, or former spouses who are not divorcing) cannot agree, one owner may file a partition action under Chapter 64 of the Florida Statutes (Fla. Stat. Ch. 64). The plaintiff can ask for partition in kind (divide the property physically) or partition by sale.

If the other co-owner asks only for sale, your options include:

• Move to dismiss or respond and ask the court to order partition in kind if the property can be divided without prejudice to the owners (rare for a single-family home but sometimes possible for large land tracts).
• Offer to buy out the other owner’s interest by filing a cross‑petition or motion and proposing a method for valuing the property (for example, a court‑ordered appraisal). Courts often permit a co-owner to purchase others’ shares if the buyer provides the price and assurances.
• Request the court to set a valuation method (appraisal or experts) and to set terms for sale that protect your interests (e.g., minimum bid, sale by private treaty vs. public auction, allocation of costs).

Under Chapter 64, if the court finds partition in kind impractical, it will order sale and distribution of proceeds according to ownership shares after costs and liens are satisfied. See Fla. Stat. Ch. 64.

3) Practical steps to protect your interests right away

• Respond to any complaint or motion promptly and follow court deadlines. Failure to respond can let the other side obtain relief more easily.
• Ask the court for an appraisal or valuation hearing to get an objective fair market value you can use in buyout negotiations.
• Prepare a written buyout proposal showing how you reached the number (market value minus mortgage/payoff, closing costs, equal division of proceeds, etc.).
• If you cannot afford to buy out immediately, propose terms such as payment over time or temporary exclusive use with an offset against final division.
• Collect financial records: mortgage statements, tax assessments, insurance, proof of payments, maintenance receipts, and documents showing contributions to the property.

4) What the court will consider when deciding whether to order sale or permit a buyout

• Fair market value and equity in the home (an appraisal helps).
• Each party’s financial ability to keep the home (income, debt, ability to refinance).
• Contributions to the property and to the marriage or partnership.
• Any homestead protections or special status of the property under Florida law. Florida’s homestead protections can affect how the home is treated — for homestead issues see the Florida Constitution and related statutes; speak with a lawyer if homestead may apply.
• Whether partition in kind is practical (Chapter 64) or whether sale is the only feasible option.

5) If you want to keep the house but the other party insists on sale

1. Make a written buyout offer and ask the court to allow you to close within a set period after valuation.
2. Show proof of ability to close (prequalification letter, cash reserves, or financing commitment) — courts look favorably on realistic, timely offers.
3. Request a court‑ordered appraisal and ask the court to set a deadline for buyout acceptance after the appraisal.

6) If you cannot afford a buyout

Negotiate sale terms that protect you: request that the sale be managed to maximize net proceeds (reasonable marketing, broker fees controlled), or seek a delay so you can arrange alternate housing. Ask the court for temporary orders allocating responsibility for mortgage, insurance, taxes, and utilities while the property remains unsold.

7) Timeline and likely process

Expect valuation disputes, potential temporary hearings, and either settlement discussions or contested hearings. A partition action often moves toward sale if owners cannot agree. A divorce property dispute may take longer if equitable distribution and other contested issues (custody, support) remain unresolved.

Statutes and resources (Florida)

• Equitable distribution and dissolution guidance: Chapter 61, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2023/Chapter61
• Partition of property: Chapter 64, Florida Statutes — https://www.flsenate.gov/Laws/Statutes/2023/Chapter64

Bottom line: You do not have to accept a sale without exploring buyout, valuation, temporary relief, or partition‑in‑kind where appropriate. The best immediate steps are to respond in writing, request appraisal or valuation, propose a concrete buyout plan (with proof of ability to close if you want to buy out), and consider mediation. If you act quickly and document finances and offers, you improve the chance of keeping the house or getting a fair share of the proceeds.

Helpful Hints

• Respond to pleadings on time. Missing deadlines reduces your options.
• Get a market appraisal early — a neutral valuation strengthens a buyout offer or opposition to an immediate sale.
• Document all payments you made (mortgage, taxes, repairs) — these facts matter in equitable distribution and partition proceedings.
• Consider mediation. Courts in Florida often expect parties to try mediation for property disputes; mediated buyouts avoid sale costs and delays.
• If you propose to buy out, get a mortgage preapproval or proof of funds before asking the court to allow a buyout; courts prefer realistic, funded proposals.
• Protect the property during disputes — keep insurance in force and continue mortgage payments to avoid foreclosure during litigation.
• Ask about homestead status early. Florida homestead rules can change how a house is treated; an attorney can advise if homestead protections apply to your situation.
• Keep emotion separate from negotiation. A clear, numbers-based buyout offer (with appraisal backing) often succeeds where general opposition does not.

Disclaimer: This article explains general Florida law and common steps you can take. It is not legal advice, and it does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Florida attorney who can review your facts and filings.