How to Force a Sale of Co-Owned Inherited Land in Florida | Florida Partition Actions

Detailed Answer: Court-ordered sale of co-owned inherited land under Florida law

This article explains how a co-owner can seek a court-ordered sale of real property inherited and owned together with other heirs under Florida law. It summarizes the legal basis, the usual steps, likely outcomes, and practical risks so you can decide whether to negotiate or pursue a court action.

Legal basis

Florida provides a statutory remedy called a partition action that lets co-owners ask a court to divide or sell jointly owned real property. See Florida Statutes Chapter 64 (Partition of Property). If the court finds the land cannot be fairly divided (a “partition in kind”) without prejudice to the owners, the court may order a sale and divide the proceeds among the owners according to their ownership shares.

Who can use it?

Owners who hold property as tenants in common or other non-survivorship interests generally may bring a partition action.
If title shows joint tenancy with right of survivorship, the survivorship interest may extinguish the need for partition (the surviving joint tenant owns the property outright). You must confirm the recorded deed and any probate transfer documents before assuming partition is available; see Florida Statutes Chapter 732 (Decedents’ Estates) for estate-transfer rules.
Creditors and lienholders may also appear in a partition to protect lien rights that attach to the property.

Typical steps to force a sale

Verify ownership and title. Pull the recorded deed(s) and probate records. Confirm whether the heirs hold the property as tenants in common, joint tenants, or via the personal representative of an estate. If the estate is still open in probate, the personal representative’s authority and the probate court’s orders can affect what happens.
Try consensual options first. Courts expect co-owners to attempt resolution: negotiate a buyout, agree to list and sell the property, appoint one owner to pay others, or use mediation. A negotiated sale avoids court costs and usually yields a faster distribution.
If negotiation fails, file a partition complaint. Under Chapter 64 you file a partition action in the appropriate Florida trial court (the statute provides the procedure). The complaint typically names all co-owners and any known lienholders, describes the property, states each party’s interest, and asks the court to order partition or sale.
Service and defenses. All co-owners and lienholders must be served. Defendants can assert ownership defenses, claim improvements or contributions by one owner, or raise offsets for debts or expenses paid on the property.
Court process and appointment of commissioners. The court may appoint commissioners or a referee to inspect the property, divide it if possible, or report whether sale is appropriate. If partition in kind is impractical, the court will usually order a sale. The court controls the manner of sale (often a public auction) and will direct distribution of proceeds after paying liens, taxes, and court costs.
Distribution and accounting. After sale the court orders distribution of net proceeds according to ownership shares, less costs, liens, unpaid taxes, and any equitable adjustments accepted by the court (for example, credit for necessary improvements paid by one co-owner).

Key practical rules and considerations

Partition actions are equitable remedies; courts have discretion. The judge decides whether split-in-kind or sale best protects owners’ interests.
If physical division would render the property worthless or materially reduce value (for example, a single-family home, small lot, or development parcel), courts commonly order sale rather than division.
Costs can be substantial: court filing fees, attorneys’ fees (unless the court shifts fees), appraisal fees, commissioners’ fees, and the costs of a public sale. These come out of sale proceeds.
Existing mortgages and liens are paid from sale proceeds. If an owner wants to prevent sale to protect equity, that owner must either pay off liens or post security acceptable to the court.
Family and homestead situations can complicate partition. If the property qualifies as a Florida homestead or if a surviving spouse or minor children claim homestead or elective-share rights, the property may be protected from forced sale in some circumstances. Consult an attorney before filing if homestead is an issue.

Example scenario (hypothetical)

Three siblings inherit a lake lot as tenants in common (one-third each). Two siblings want to sell; one refuses. The two can either buy out the refusing sibling or file a partition action under Chapter 64. If the court finds the lot cannot be divided fairly, it will order a sale and divide net proceeds in thirds after paying any mortgage balance, property taxes, sale costs, and court costs.

Where to file and timeline

Partition cases are filed in the trial court with jurisdiction over real property (county or circuit court depending on the local practice and value). Timelines vary widely: simple consensual sales take weeks to months; contested partition actions often take many months and sometimes over a year, depending on complexity, discovery, and appeals.

When to hire an attorney

Hire a Florida real estate or probate attorney if:

Title is unclear or the deed uses survivorship language.
The estate is still in probate or the personal representative disputes distribution.
Homestead or spousal rights may apply.
Multiple liens, mortgages, or complex valuations exist.
You want help negotiating a buyout, mediation, or a court partition.

An attorney can prepare and file the complaint, identify and serve parties, handle appraisal disputes, and represent your interests at sale and distribution hearings.

Helpful Hints

Start by getting a certified copy of the decedent’s deed and any probate orders. Knowing the exact ownership language (tenants in common vs. joint tenants) guides your options.
Request a current title search to identify mortgages, liens, and other claims that will affect sale proceeds.
Consider mediation or a written buyout agreement before filing. Courts like parties to try settlement first.
Get a professional appraisal early to establish fair market value and to support any buyout offer or partition valuation argument.
Keep clear records of any payments you make for taxes, mortgage payments, or improvements — you may be able to seek credit in the partition accounting.
If you suspect homestead status, contact a probate or real estate attorney immediately — homestead protections in Florida can block forced sale in some cases.
Expect costs and delays. Factor attorney fees, court costs, and sale expenses into any buyout or settlement calculation.

Disclaimer: This article explains general Florida law and common procedures but is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Florida attorney who can review deeds, probate records, and local court practices.