The Short Answer

In Florida, you often cannot stop a co-tenant from filing a partition case, but you may be able to prevent a forced sale (or control the outcome) by invoking protections that apply to inherited “heirs property,” including a court-supervised buyout option and a preference for partition in kind (a physical division) when feasible.

Which defenses and leverage points apply depends on whether the home qualifies as “heirs property,” how title is held, and whether the case is in probate or civil court.

What Florida Law Says

Florida has a specific set of rules for partition cases involving inherited family property (often siblings/cousins who inherited without a written agreement). If the court determines the home is “heirs property,” the case is governed by Florida’s Uniform Partition of Heirs Property Act, which can change the usual “sell it and split it” dynamic by giving non-selling co-tenants meaningful rights—especially the ability to buy out the co-tenant who wants a sale and the ability to push for a partition in kind when appropriate.

The Statute

The primary law governing a forced-sale partition of inherited “heirs property” is Fla. Stat. § 64.207.

This statute establishes that when a co-tenant asks the court for a partition by sale, the other co-tenants generally have a time-limited right to buy out the selling co-tenant’s interest at a court-determined value, which can be a powerful way to defend against a forced sale of the entire home.

If the property is still being administered through an estate, Florida also allows partition proceedings in probate before the estate closes. See Fla. Stat. § 733.814.

Why You Should Speak with an Attorney

While the statutes provide the general framework, defending a partition case is rarely simple because the “best” strategy depends on facts that can quickly change your rights and negotiating leverage. Legal outcomes often depend on:

• Strict Deadlines: The heirs-property buyout process has short, court-driven time windows (for example, the statute sets a 45-day election period after notice and then a court-set payment deadline). Missing a deadline can eliminate your buyout opportunity and move the case toward sale.
• Burden of Proof and Valuation Disputes: Partition cases often turn on fair market value, ownership percentages, and whether the property qualifies as “heirs property.” If the valuation is wrong or the ownership interests are not correctly proven, you can be pressured into an unfair result.
• Exceptions and Case Posture: Whether the home is in an open probate estate (implicating § 733.814) versus a civil partition action, whether there are occupants, liens, or contribution claims (taxes, insurance, repairs), and whether a partition in kind is realistic can all materially affect the court’s options and your leverage.

Trying to handle this alone can lead to avoidable outcomes—like losing the chance to buy out the selling co-tenant, agreeing to an unfavorable valuation, or ending up in a court-ordered sale that could have been negotiated differently.

If you want more background reading, see: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property? and Can a Co-Owner Be Forced to Move Out During a Partition Case in Florida?.

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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.