The Short Answer

In Florida, a co-owner generally cannot validly refinance or take out a home equity loan that encumbers your ownership interest without your consent and signature. However, a co-tenant may still attempt to mortgage their own share, and even an improper loan can create serious title and foreclosure problems that often require an attorney to unwind.

What Florida Law Says

Most inherited real estate ends up owned as a tenancy in common (each heir owns an undivided percentage). That matters because one co-tenant typically cannot sign documents that bind the other co-tenant’s interest. If a lender proceeds without all owners signing, the lender may not get a valid lien against the entire property—yet you may still be forced to deal with the fallout (clouded title, threatened foreclosure, or a forced sale dispute among heirs).

The Statute

The primary law that explains how co-ownership is created in this situation is Fla. Stat. § 689.15.

This statute establishes that, in Florida, a transfer to two or more people generally creates a tenancy in common unless the instrument expressly provides a right of survivorship (with a separate rule for tenancies by the entirety).

If the dispute escalates because one co-owner is trying to leverage the property or force a financial outcome, Florida law also allows a co-owner to file a partition case to have the court determine everyone’s interests and order a division or sale. See Fla. Stat. § 64.031 (who can file a partition action).

Related reading: How Does Refinancing Work to Buy Out a Co-Owner in Florida Probate?

Why You Should Speak with an Attorney

Even if you did not sign anything, an unauthorized refinance or home equity loan can quickly turn into a high-stakes title and litigation problem. Legal outcomes often depend on:

• Strict Deadlines: If a lender records a mortgage or starts foreclosure activity, waiting can reduce your options and increase costs—even if the lien is ultimately challengeable.
• Burden of Proof: You may need deed history, probate documents, closing files, signatures, and recording data to show what interest (if any) was actually encumbered and whether fraud or notary issues exist.
• Exceptions and “messy facts”: The analysis can change if the property is homestead, if there is a surviving spouse, if title was never properly transferred after death, or if the loan documents purport to bind “all owners.” Partition and probate issues can overlap, and the wrong move can trigger a forced sale or expensive litigation.

Trying to handle this alone can lead to a clouded title, a stalled sale/refinance later, or a court fight you did not anticipate. A Florida probate/real estate attorney can evaluate whether the lien is valid, what interest (if any) is at risk, and the fastest path to protect your share.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.