Detailed answer — When one or more co‑owners won’t agree to sell

If you and your siblings own inherited real property in Florida and a minority of the co‑owners refuse to sell, any co‑owner can file a partition action in circuit court to force either a physical division (partition in kind) or a sale of the property and division of the proceeds. Florida statutory law and court rules govern how partition cases proceed. See Florida’s partition statute: Chapter 64 of the Florida Statutes (Fla. Stat. Ch. 64).

Key principles under Florida law

• Any co‑owner (tenant in common) can bring a partition action. The refusal of some co‑owners to sell does not block the remedy.
• The court prefers partition in kind (physically dividing property) when it is practical and fair. If that is not practical — for instance, because the property cannot be divided without destroying its value — the court will order a sale and split the net proceeds among owners according to their ownership shares.
• The court handles priority of liens, mortgages, taxes, and costs: secured debts are paid from sale proceeds before co‑owners receive their shares.

Which court and where to file

File a complaint for partition in the circuit court for the county where the property is located. The complaint must name all known co‑owners and any parties with recorded interests (mortgagees, lienholders, heirs with possible claims). The clerk’s office of that circuit will accept the filing and tell you the applicable filing fee and service requirements.

Typical procedural steps

1. Prepare the complaint for partition: identify the property (legal description), list all owners and their claimed shares (if known), and ask the court for partition in kind or, if that’s not feasible, for a sale and division of proceeds.
2. File the complaint in the county where the land is located and serve the defendants (co‑owners and any recorded lienholders). Florida service rules apply.
3. Defendants may answer, claim a different ownership share, assert offsets (e.g., for contributions or improvements), or contest relief. The court may order appraisals and reports to evaluate whether physical division is feasible.
4. If partition in kind is ordered, the court supervises the division or appoints a commissioner/surveyor to divide the property. If sale is ordered, the court supervises a public sale (often by sheriff or a court‑appointed commissioner) and approves the sale process and distribution of net proceeds.
5. After sale, the clerk or commissioner pays liens, taxes, costs, and distributes the remainder according to the owners’ shares after any court‑ordered adjustments.

What to include in your complaint and what documents to gather

To prepare a strong partition filing, collect:

• Recorded deed(s) showing ownership and legal description.
• Death certificate and probate paperwork (if ownership flows from a decedent) or will and probate court orders showing heirs’ shares.
• Mortgage statements, recorded liens, tax bills, and any recorded easements or encumbrances.
• Contact information for all co‑owners and known lienholders.
• Appraisals or market data, if available, and records of improvements or expenses paid by any co‑owner.

How the court divides proceeds and handles offsets

The court calculates each owner’s share based on title and may order equitable adjustments: crediting a co‑owner who paid property taxes, mortgage payments, or who made significant improvements; charging rent for exclusive occupancy; or taxing costs and commission. Secured creditors (mortgages, judgment liens) are generally paid from sale proceeds before co‑owners share the balance.

Options before filing (often faster and cheaper)

• Negotiate a buyout: obtain an appraisal and offer to buy out hold‑out siblings for their share.
• Mediation between co‑owners to reach settlement terms (division, buyout, lease arrangements).
• Partition by agreement: co‑owners can agree on a private sale or division and record the agreement instead of going to court.

Costs, timeline, and practical considerations

Partition litigation can take months to over a year depending on disputes, appraisals, and court scheduling. Costs include court filing fees, service costs, appraisals, surveyor/commissioner fees, and attorney’s fees. Florida courts may award costs and commissioner’s fees, but attorney’s fees are typically awarded only if a statute or contract authorizes them or by separate legal basis.

When to consult an attorney

If co‑ownership shares are disputed, substantial liens exist, title is unclear, or you expect contested litigation, consult a real property attorney experienced with partition cases. An attorney can prepare the complaint, identify all necessary parties, request appropriate relief (partition in kind or sale), and protect your rights during accounting and distribution.

Florida partition statutes and procedural rules are the controlling law; begin by reviewing Chapter 64: Fla. Stat. Ch. 64 (Partition).

Helpful Hints

• File where the property is located. Circuit court in that county hears partition actions.
• Name everyone with a recorded interest (all co‑owners, mortgagees, judgment lienholders) to avoid missing parties and delay.
• Start with an appraisal. Knowing fair market value helps negotiation and court‑ordered sale planning.
• Document any payments you made for taxes, mortgage, or repairs — you may be entitled to credit.
• Consider a written buyout offer and mediation before filing; litigation costs often exceed settlement costs.
• Expect the court to prefer division in kind when practical; explain clearly why sale is necessary if you want a sale.
• Ask the clerk about local forms and filing fees; each circuit may have local procedures for partition commissioners and sales.
• If liens or mortgages exist, find out whether paying off the debt or negotiating with the lender before sale makes sense.