The Short Answer

Yes—under Florida law, you may be able to recover specific personal property that a co-owner is wrongfully keeping, typically through a civil replevin claim (a lawsuit to get the actual items back). The key issue is whether you can prove you have the superior right to possess the property (even if you both have access to the house).

What Florida Law Says

When someone is holding your personal property and refusing to return it, Florida recognizes a remedy to recover the property itself (not just money). This often comes up in probate and family situations—especially where multiple people have rights in a home, but not the same rights to the contents of the home.

The Statute

The primary law governing this issue is Fla. Stat. § 78.01.

This statute provides that a person whose personal property is wrongfully detained may seek a writ of replevin to recover the property and may also seek damages caused by the wrongful taking or detention.

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 the other co-owner is selling, hiding, or moving items, timing can matter because Florida law allows for a court-ordered prejudgment seizure in certain situations where property is at risk of removal or concealment. See Fla. Stat. § 78.068.
• Burden of Proof: You generally need clear proof of what was taken, that it is identifiable, where it is likely located, and why you (not the other person) have the right to possess it. Florida’s replevin statute includes specific pleading requirements for identifying the property and stating your right to possession. See Fla. Stat. § 78.055.
• Exceptions and ownership disputes: If the other person claims the items were gifts, jointly owned, estate property, or were taken under some legal authority, the case can quickly turn into a broader dispute about title and possession—especially when probate is involved.

In probate-related conflicts, a wrong move can escalate the dispute, create allegations of misconduct, or complicate the estate administration. If you want more context on estate-related removals, you may find this helpful: Can I make heirs return items they removed from an estate home before I took possession in Florida?.

Get Connected with a Florida Attorney

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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.