How to Force a Sale of Shared Property in Florida: Using a Partition Action

Short answer

If co-owners refuse to buy you out, you can ask a Florida court to force a partition sale. Under Florida law the court can order the property sold and the proceeds divided among owners according to their ownership shares when dividing the land “in kind” is impractical or inequitable. The process starts by filing a partition action in the county where the property sits and asking the judge to order a sale.

How partition actions work in Florida

Florida’s Partition Act governs judicial divisions of jointly owned property. The court first considers whether the land can be divided physically (partition in kind). If a fair physical division is possible without undue prejudice, the court may order it. If not, the court will order a sale and distribute the sale proceeds to co‑owners according to their shares.

See Florida’s Partition statutes for the governing rules and procedures: Florida Statutes, Chapter 64 — Partition of Property.

Step-by-step: Forcing a sale when co‑owners won’t buy you out

1. Gather your documents: deed(s), title report, mortgage and lien information, property tax records, leases or rent records, and any agreements among owners.
2. Confirm ownership shares: Ownership is determined by deeds or other title documents. Shares determine how sale proceeds are divided.
3. Contact a Florida real property attorney: A lawyer will draft and file a complaint for partition, prepare required affidavits, and handle service on all co‑owners and lienholders.
4. File a partition complaint: The complaint asks the court to partition the land. It names all owners and known lienholders so the court can address competing interests.
5. Request relief: Ask the court for partition in kind or, if that’s not practical or fair, for a sale and distribution of proceeds. You can also ask the court to appoint a commissioner or other official to conduct the sale and handle accounting.
6. Handle liens and mortgages: The court will typically treat liens and mortgage priorities according to recording dates. Sale proceeds will pay lienholders before distribution to owners.
7. Appraisals and accounting: Courts often order an appraisal to set a fair price or minimum bid. The court (or commissioner) will account for contributions, rents, and necessary expenses before distributing net proceeds.
8. Sale and distribution: The court or its appointee conducts the sale (public auction or other method ordered by the court). After paying taxes, liens, and costs, the net proceeds are divided among owners according to their shares.

Common legal hurdles and practical tips

• Co‑owners may contest the partition: They can argue the property can be divided in kind or challenge valuations. Be prepared for hearings and possible trial.
• Liens complicate distribution: Mortgages and recorded liens remain attached to the property and are satisfied from sale proceeds in order of priority.
• Costs and timing: Partition actions take time and have costs (filing fees, appraisals, attorney fees, sale costs). Courts may award costs and fees in limited situations but don’t guarantee recovery.
• Temporary use and rents: The court can order accounting for rents, profits, and expenses during the litigation and may allocate possession before final sale.
• Alternative: mediation or buyout offers: Courts often encourage settlement. A formal appraisal can help generate realistic buyout offers or settlement proposals.

What to expect at key stages

Filing: The complaint formally starts the case and must name all record owners and lienholders. Service: All parties must be served so the court can obtain jurisdiction. Preliminary hearings: The judge may set procedures for valuation, appraisals, and appointment of a commissioner. Sale: The court supervises the sale or appoints someone to sell. Distribution: After paying liens and costs, the court distributes the net proceeds according to ownership shares.

When partition in kind might be ordered instead of sale

The court will consider partition in kind when the property can be divided fairly without substantially reducing value or causing inequity. For example, large tracts that can be split into usable parcels could be partitioned in kind. If division would create impractical or unequally valued parcels, the court is more likely to order sale.

Helpful Hints

• Before filing, get a current title search to identify all owners and recorded liens.
• Order a professional appraisal to support your valuation positions and help prompt settlements.
• Keep clear records of any payments you’ve made (mortgage, taxes, repairs) to seek credit in accounting.
• Consider mediation—court‑ordered or voluntary—to save time and fees and possibly achieve a buyout.
• Ask your attorney about asking the court for interim relief if a co‑owner is wasting assets or failing to pay mortgage/taxes.
• Understand tax consequences: sale proceeds may produce capital gains; consult a tax advisor about reporting and possible 1031 exchange eligibility.
• Be realistic about costs: partition actions can reduce net recovery after fees, so compare likely net proceeds to potential private sale or negotiated buyouts.