Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
When two or more heirs inherit property in Florida as co-owners, each owner holds an undivided interest. That means no single heir can make a final decision about selling or exclusively occupying the property without agreement. Florida law gives each co-owner both rights and remedies:
1. Right to Occupy and Use
Each co-owner has an equal right to live on or use the entire property, unless the co-owners agree otherwise. If one heir moves in, the other heir cannot forcibly evict them, but they can seek compensation for use and occupation under Florida law. The occupant may owe “rent” to compensate the non-occupant co-owner for their share of the property’s fair rental value.
2. Partition Action
A co-owner who wants to sell can file a court petition for partition under Florida’s Partition of Real Property Statutes, Chapter 64, Florida Statutes. The court can order one of two remedies:
- Partition in kind (Fla. Stat. § 64.021): If the property can be physically divided without reducing its value, the court may split it into separate parcels so each heir owns a distinct portion. (Link to § 64.021)
- Partition by sale (Fla. Stat. § 64.031): If a fair division isn’t practical, the court orders a sale of the entire property. After paying costs and liens, the net proceeds are divided among the co-owners according to their ownership shares. (Link to § 64.031)
3. Accounting for Use and Improvements
If the occupant made repairs or improvements that increase the property’s value, they may request reimbursement or a credit against their share of the sale proceeds. Conversely, the non-occupant can seek rent for the time the occupant lived on the property without paying fair market value rent.
4. Negotiated Settlement
Co-owners often avoid litigation by agreeing on terms: one heir buys out the other’s interest, or they agree on a joint listing and share sale proceeds. Written agreements should outline timelines, responsibilities and cost-sharing for taxes, insurance and maintenance.
Helpful Hints
- Document living arrangements in writing, including rent or cost-sharing agreements.
- Obtain a professional appraisal to determine fair rental value or sale price.
- Consider mediation to resolve disputes faster and more affordably than court.
- Keep detailed records of improvements, repairs and related expenses.
- Consult an attorney before filing a partition action to understand court costs and timelines.