The Short Answer

If you are asking this question because you are dealing with inherited real estate in Florida, the core idea is the same: a court generally cannot fairly partition or order the sale of co-owned property unless everyone who owns (or may own) an interest is brought into the case. If an heir or devisee is left out, the resulting judgment can be attacked later, creating title problems and potentially undoing the sale or distribution.

What Florida Law Says

In Florida, partition is a statutory remedy that allows a co-owner to ask the court to divide the property or, if it cannot be divided without prejudice, to sell it and divide the proceeds. Because a partition judgment affects ownership rights, the case must include the other co-owners and anyone else who claims an interest—otherwise the court risks issuing an order that does not bind the missing person, leaving the property’s title clouded.

The Statute

The primary law governing this issue is Fla. Stat. § 64.031.

This statute authorizes a partition action by one or more co-owners “against their cotenants … or others interested in the lands to be divided,” which is why identifying and joining all heirs/devisees (i.e., everyone who holds an ownership interest after death) is so important in inherited-property disputes.

If the issue is happening inside an open Florida probate estate (rather than a separate civil partition lawsuit), Florida also has a probate-specific mechanism for partition for distribution, which typically requires formal notice to interested persons. For more background, see How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?.

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 dispute is being handled through probate (rather than a standalone partition case), timing can matter because certain probate remedies must be pursued before the estate is closed.
• Burden of Proof: You may need admissible evidence of who the owners are (heirs/devisees), what fractional shares they hold, and whether there are “others interested” (liens, mortgages, unknown heirs, or disputed title issues).
• Exceptions: “Heirs property” cases can trigger additional statutory requirements and protections, and missing/unknown parties can require special handling to avoid a judgment that fails to clear title.

Trying to handle this alone can lead to procedural errors, a sale that does not deliver clean title, or litigation later from an omitted heir/devisee claiming they were never bound by the court’s order.

If your situation involves disagreement among family members about occupancy or sale, you may also find this helpful: Can I Divide or Force the Sale of Co-Owned Inherited Farmland in Florida When Heirs Can’t Agree?

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.