The Short Answer

If the property is in Florida and a co-owner will not cooperate, Florida law generally allows a court-supervised partition process that can result in the property being divided or sold and the proceeds distributed. If the property is part of an open Florida probate estate, the personal representative (or a beneficiary) may also ask the probate court to partition or order a sale for distribution.

What Florida Law Says

When people own real estate together (often after an inheritance), disagreements about selling, buying out an interest, or managing the property are common. Florida provides legal remedies so one co-owner is not “stuck” indefinitely—either through a probate-court partition request (when the estate is still open) or through a civil partition case.

If this is inherited property and the estate is still being administered, Florida probate law specifically allows partition for distribution and permits the court to direct a sale when a fair physical division is not practical.

The Statute

The primary law governing this issue is Fla. Stat. § 733.814.

This statute establishes that when two or more beneficiaries are entitled to undivided interests, the personal representative or any beneficiary may petition (before the estate closes) to partition the property, and the court may direct a sale if partition would prejudice the owners or cannot be done equitably.

In many “heirs property” situations, Florida’s partition law may also provide a structured process, including a potential buyout option in certain cases. See, for example, Fla. Stat. § 64.207 (cotenant buyout in applicable partition cases).

For a deeper overview, you may also want to read: How Does a Partition Action Work in Florida for Co-Owned or Inherited Property?

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: In probate, timing matters—Fla. Stat. § 733.814 requires the petition to be filed before the estate is closed.
• Burden of Proof: Whether a property can be fairly divided versus sold (and what is “prejudice” to owners) often turns on valuation evidence, title issues, liens, and occupancy facts.
• Exceptions: The right process can change depending on whether the property is “heirs property,” whether there is a will with a power of sale, and whether the property is even in Florida (Florida statutes won’t control a North Carolina parcel).

Trying to handle a co-owner dispute alone can lead to expensive delays, missed probate opportunities, or a court outcome that is avoidable with the right strategy (for example, negotiating a buyout, addressing reimbursement claims, or choosing the correct court and remedy).

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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.