The Short Answer

In Florida, you generally cannot sell a co-owned property if one owner is under guardianship unless the guardian has court approval to sell the ward’s interest (and the sale terms are approved). If the other co-owner(s) will not agree to a voluntary sale, the usual remedy is a partition case, but a guardianship court order is still typically needed for the ward’s side of the transaction.

What Florida Law Says

When a parent has been adjudicated incapacitated and a guardian of the property has been appointed, the guardian does not have unlimited authority to sell real estate. Florida law generally requires the guardian to ask the court for permission and to show that the proposed sale is necessary/expedient and financially beneficial to the ward’s estate, with notice to required parties.

The Statute

The primary law governing a guardian’s authority to sell a ward’s real estate is Fla. Stat. § 744.631.

This statute requires the guardian to petition the circuit court for authority to sell the ward’s real estate, and it conditions approval on the court finding the request reasonable, just, and financially beneficial to the ward’s estate (with required notice/publication requirements in the statute).

Related guardianship provisions also matter in most sales, including the requirement that the guardian seek authorization by petition for acts like selling real property and that the court’s order set the approved sale terms. See, e.g., Fla. Stat. § 744.447 (petition/notice) and Fla. Stat. § 744.451 (requirements for the order approving a sale).

If the problem is that the co-owners cannot agree on a sale, Florida’s partition statutes may come into play. In a partition-by-sale scenario, the court can order a sale when the property cannot be divided without prejudice to the owners. See Fla. Stat. § 64.071.

For more background on co-owner disputes, you may find these helpful: forcing the sale of a co-owned house in Florida and what happens if a co-owner tries to sell without consent (partition overview).

Why You Should Speak with an Attorney

While the statutes provide the general rule (court approval is required), applying it to a co-owned property is rarely simple. Legal outcomes often depend on:

• Strict court-approval requirements: A guardian typically must file a detailed petition and obtain an order authorizing the sale and approving key terms. See Fla. Stat. § 744.447 and § 744.451.
• Burden of proof (best interest/benefit to the ward): The court is focused on whether the sale is financially beneficial and appropriate for the ward’s estate, not just whether the family wants to sell. See Fla. Stat. § 744.631.
• Exceptions and overlapping issues: Title issues, homestead questions, liens/mortgages, and whether a partition case is needed (and how it interacts with the guardianship case) can change the strategy and the timeline.

Trying to handle this without counsel can delay the sale, create title/closing problems, or lead to a court denying authority to sell—especially when there are disagreements among co-owners or family members.

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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.