The Short Answer

In Florida, selling property subject to a life estate usually requires the cooperation of both the life tenant (the person with the right to use/occupy during life) and the remaindermen (the future owners). When the deed lists different ownership percentages, the sale proceeds typically must be allocated according to the parties’ respective legal interests—which can be disputed and may require a court to resolve if everyone does not agree.

What Florida Law Says

A life estate deed splits ownership into two different interests: (1) the life estate (present right to possess/use) and (2) the remainder (future ownership after the life tenant’s death). Because these are separate property interests, a buyer and title insurer commonly require that all interest-holders sign off so the buyer receives clear, marketable title.

If the parties cannot agree on a sale (or on how to divide the proceeds), Florida law provides a court-supervised path to force a resolution through a partition-type process in appropriate cases. That is often where “different percentages” become a major issue, because the court may need to determine value and allocate proceeds based on each person’s fractional interest.

The Statute

The primary law governing a forced sale/buyout framework in a partition dispute is Fla. Stat. § 64.207.

This statute establishes that, in a qualifying partition-by-sale case, a cotenant may have a statutory right to buy out the interests of other cotenants who are seeking a sale, based on a court-determined value and the parties’ fractional ownership.

Why You Should Speak with an Attorney

While the general concept sounds straightforward (“everyone signs and the house sells”), life estate sales with unequal percentages often become legally and financially risky. Outcomes commonly depend on:

• Title and signing authority: Whether the deed language (and any later events like death, divorce, or incapacity) requires signatures from all remaindermen, a guardian, or an estate representative to deliver insurable title.
• Valuation and allocation of proceeds: A life tenant’s interest is not the same as a remainder interest, and “percentages” on a deed do not always answer how net proceeds should be split without additional legal analysis.
• Disputes and court involvement: If one party refuses to cooperate, the matter can shift into litigation where statutes like Florida’s partition/buyout rules may control timing, valuation, and who can force a sale.

Trying to handle this without counsel can lead to a failed closing, a clouded title, or a lawsuit over proceeds. A Florida probate/real estate attorney can review the deed, confirm who must consent, and structure the transaction (or litigation strategy) to protect your share.

For related reading, see: Can a Life Tenant Sell or Mortgage a Florida Property Without the Remainderman’s Consent? and What Rights Does a Remainderman Have When a Life Tenant Is Living in the Property 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.