The Short Answer

In Florida, a co-owner generally cannot sell the entire property without the other owner’s consent—but they usually can sell or transfer their own ownership interest. If co-owners cannot agree on what to do with the property, Florida law allows a co-owner to file a partition action to ask the court to divide the property or order a sale and distribute the proceeds.

What Florida Law Says

Partition is the legal remedy that lets a co-owner ask the court to resolve a deadlock over jointly owned real estate. Under Florida’s partition statutes, a partition case is brought against the other co-owners (and anyone else with an interest in the property), and the court determines each party’s rights and interests before ordering an appropriate remedy.

The Statute

The primary law governing who can bring a partition case is Fla. Stat. § 64.031.

This statute establishes that any one or more joint tenants or tenants in common may file a partition action against their co-owners (and others interested in the land) to have the property divided.

In certain “heirs property” situations (often family property passed down without a clear plan), Florida also provides additional protections, including a potential cotenant buyout process before a court-ordered sale. See, for example, Fla. Stat. § 64.207.

If you want a deeper overview, you may also find helpful: Can I force the sale of a co-owned house with my sibling in Florida if we can’t agree? and What rights do tenants in common have to inspect and use jointly owned property in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general right to seek partition, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: In heirs-property cases, the buyout process includes short statutory time windows (for example, an election period measured in days after court notice). See Fla. Stat. § 64.207.
• Burden of Proof: You typically must prove the ownership interests and address liens, mortgages, and other “interests in the land” so the court can adjudicate everyone’s rights (including people who may claim an interest).
• Exceptions and property-type issues: The rules can change depending on whether the property is “heirs property,” whether there are missing/unknown owners, and whether a physical division is practical versus a sale (and how proceeds/credits are handled).

Trying to handle a partition dispute alone can lead to costly mistakes—especially where title issues, probate/estate questions, or family disputes overlap with the real estate.

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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.