The Short Answer

In Florida, if you and your sibling co-own a house and cannot agree on a sale, you can typically ask a court to resolve the deadlock through a partition case. In many situations—especially where the property can’t be fairly divided—the court can order a sale and split the proceeds according to each owner’s share.

What Florida Law Says

Florida law provides a way to deal with co-ownership disputes when one owner wants out and the other owner delays, refuses, or keeps changing positions. If the home is part of an open probate estate (for example, you and your sibling inherited it and the estate is still being administered), Florida probate law specifically allows a court-supervised partition process to reach a distribution.

The Statute

The primary law governing this issue (in a probate/inheritance context) is Fla. Stat. § 733.814.

This statute establishes that when multiple beneficiaries are entitled to undivided interests in property, the personal representative or any beneficiary may petition the court (before the estate is closed) to partition the property, and the court may direct a sale if the property cannot be partitioned without prejudice or cannot be allotted equitably and conveniently.

If the property qualifies as “heirs property,” Florida’s Uniform Partition of Heirs Property Act may also apply, including a court process that can allow a non-selling cotenant to buy out the selling cotenant’s interest in certain circumstances. See, for example, Fla. Stat. § 64.207 (cotenant buyout).

For a deeper overview of the concept, you may also want to read: What Are the Two Types of Partition Actions in Florida? and Can One Heir Live in an Inherited Home While Another Heir Wants to Sell in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If this is an inheritance/probate situation, a petition under Fla. Stat. § 733.814 must be brought before the estate is closed, which can be a critical timing issue.
• Burden of Proof: You may need evidence about title/ownership percentages, whether the property can be divided “in kind,” the home’s value, and whether a sale is necessary to avoid prejudice to the owners.
• Exceptions and competing rights: Issues like occupancy (one sibling living there), credits/reimbursements (mortgage, taxes, insurance, repairs), and whether the property is treated as “heirs property” can change the strategy and the likely outcome—including whether a buyout process applies under Chapter 64.

Trying to handle this alone can lead to expensive delays, preventable disputes over money and credits, or a result that doesn’t protect your share. An attorney can evaluate whether you should proceed through probate partition (§ 733.814) or a civil partition framework, and can push the case forward when the other owner keeps changing course.

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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.